CHAPTER 11 - Uniform Vehicle Code: Rules of the Road - Pt. 3

 

ARTICLE XI. MISCELLANEOUS RULES

11-1101.Unattended motor vehicle
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

11-1102.Limitations on backing
(a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

11-1103.Driving upon sidewalk
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. This section shall not apply to any vehicle moved exclusively by human power nor to any motorized wheelchair.

11-1104.Obstruction to driver's view or driving mechanism
(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle (or streetcar) shall ride in such position as to interfere with the driver's (or streetcar operator's) view ahead or to the sides, or to interfere with such person's control over the driving mechanism of the vehicle (or streetcar.)
(c) No person shall drive a vehicle while a child or any other person or an animal is so positioned as to be between the body of the driver and the steering wheel.

11-1105.Opening and closing vehicle doors
No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

11-1106.Riding in house trailers
No person or persons shall occupy a house trailer while it is being moved upon a highway.

11-1107.Driving on mountain highways
The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the roadway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway.

11-1108.Coasting prohibited
(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.
(b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged.

11-1109.Following fire apparatus prohibited
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or stop such vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm.

11-1110.Crossing fire hose
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

11-1111-.Putting glass, etc., on highway prohibited
(a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.
(b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

11-1112.Stop when traffic obstructed
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle such driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.

11-1113.Snowmobile operation limited
(a) No person shall operate a snowmobile on any controlled-access highway.
(b) No person shall operate a snowmobile on any other highway except when crossing the highway at a right angle, when use of the highway by other motor vehicles is impossible because of snow, or when such operation is authorized by the authority having jurisdiction over the highway.

11-1114.Railroad trains not to block crossings
No person or government agency shall operate any train in such a manner as to pent vehicular use of any roadway for a period of time in excess of five consecutive minutes except:

  1. When necessary to comply with signals affecting the safety of the movement of trains;
  2. When necessary to avoid striking any object or person on the track;
  3. When the train is disabled;
  4. When the train is in motion except while engaged in switching operations;
  5. When there is no vehicular traffic waiting to use the crossing; or
  6. When necessary to comply with a governmental safety regulation.

11-1115.Eye protection devices
Every person operating a motor vehicle that is not equipped with a windshield in position to deflect objects which would hit such person's face shall wear an eye-protection device of a type approved by the commissioner. This section shall not apply to a person operating a motorcycle.

11-1116.Rights and duties motorized wheelchairs
Every person operating a motorized wheelchair shall have all of the rights and all of the duties applicable to a pedestrian contained in Chapter 11 except to those provisions which by their nature can have no application.

11-1117.Funeral and other processions
(a) No driver of a vehicle (or operator of a streetcar) shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this section. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers. (FORMER MTO 9-2).
(b) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe. (FORMER MTO 9-3)
(c) A funeral composed of a procession of vehicles shall be identified as such by the display, visible through the windshield or upon the outside of each vehicle, of a pennant, placard, or other identifying marking, and by turning on the headlights of each vehicle in the procession. (FORMER MTO 9-4)

11-1118.Carrying passengers unsecured in rear
(a) No person, driving a truck with a gross weight of (10,000) pounds or less, commonly known as a pickup truck, or driving a flatbed motortruck of any weight shall transport any minor under the age of (18) in the back of the truck and no minor under the age of (18) years shall ride in the back of the truck.
(b) Subdivision (a) does not apply if any of the following conditions are met:

  1. The space in the back of the truck is enclosed to a height of 46 inches extending vertically from the floor.
  2. The vehicle has installed any means of preventing the minor from being discharged from the back.
  3. The minor in the back of the truck is secured to the vehicle in a manner that will pent the minor from being thrown, falling, or jumping from the vehicle.

(c) This section does not apply to the transportation of employees, as that term is defined in the pertinent labor code of the state, and nothing in this section permits transportation of employees in a manner inconsistent with state or federal laws or regulations.

ARTICLE XII.OPERATION OF BICYCLES, OTHER HUMAN-POWERED VEHICLES, AND MOPEDS

11-1201.Effect of regulations
(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.

11-1202.Traffic laws apply to persons on bicycles and other human powered vehicles
Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle under chapters 10 and 11, except as to special regulations in this article and except as to those provisions which by their nature can have no application.

11-1203.Riding on bicycles
No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to adult rider in a back pack or sling.

11-1204.Clinging to vehicles
(a) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or him- or herself to any (streetcar or) vehicle upon a roadway.
(b) This section shall not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for such attachment.

11-1205.Position on roadway
(a) Any person operating a bicycle or a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

  1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
  2. When preparing for a left turn at an intersection or into a private road or driveway.
  3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. 
    4.  When riding in the right turn only lane.

(b) Any person operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

11-1206.Riding two abreast
Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. (FORMERLY 11-1205(b))

11-1207.Carrying articles
No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.

11-1208.Left turns
(a) A person riding a bicycle or a moped intending to turn left shall follow a course described in 11-601 or in subsection (b).
(b) A person riding a bicycle or a moped intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist or moped driver shall stop, as much as practicable out of the way of traffic. After stopping the bicyclist or moped driver shall yield to any traffic proceeding in either direction along the roadway the bicyclist had been using. After yielding, and complying with any official traffic control device or police officer regulating traffic on the highway along which he or she intends to proceed, the bicyclist or moped driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the state highway commission and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles or mopeds, and when such devices are so placed, no person shall turn a bicycle or a moped other than as directed and required by such devices.

11-1209.Turn and stop signals
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle. 
[(a) was deleted during 11Jan2000 meeting.  OBF and LAB will revise (b)]

11-1210.Bicycles and human powered vehicles on sidewalks
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

11-1211.Bicycle parking
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of article X regulating the parking of vehicles.

11-1212.Bicycle racing
(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by state or local authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which pent unreasonable interference with traffic flow which would seriously inconvenience other highway users.
(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.
[(a) was deleted during 11Jan2000 meeting.  OBF and LAB will revise (b) and (c)]

11-1213.Mopeds in bicycle lanes
Upon any roadway where motor vehicles are permitted, a person may drive a moped in any lane designated for the use of bicycles.

ARTICLE XIII.SPECIAL RULES FOR MOTORCYCLES

11-1301.Traffic laws apply to persons operating motorcycles
Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this code, except as to special regulations in this article and except as to those provisions of this code which by their nature can have no application.

11-1302.Riding on motorcycles
(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (FORMERLY 11-1103)
(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
(c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.
(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

11-1303.Operating motorcycles on roadways laned for traffic
(a) All motorcycles, other than mopeds, are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. This subsection shall not apply to a motorcyclist passing a bicycle, to the driver of a moped, nor to a police officer in the performance of the officer's duties.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. This subsection shall not apply to police officers in the performance of their duties.
(d) Motorcycles shall not be operated more than two abreast in a single lane.

11-1304.Clinging to other vehicles
No person riding upon a motorcycle shall attach him- or herself or the motorcycle to any other vehicle (or streetcar) on a roadway.

11-1305.Footrests and handlebars
(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.
(b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator.

11-1306.Equipment for motorcycle riders
(a) No person shall operate or ride upon a motorcycle unless such person is wearing protective headgear which complies with standards established by the commissioner.
(b) No person shall operate a motorcycle unless such person is wearing an eye-protective device of a type approved by the commissioner, except when the motorcycle is equipped with a windscreen.
(c) This section shall not apply to persons riding within an enclosed cab or on a golf cart.
(d) The commissioner is hereby authorized to approve or disapprove protective headgear and eye-protective devices required herein, and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been so approved.

11-1307.Headlamps on motorcycles during operation
(a) No person shall operate a motorcycle unless the headlamps are lighted at all times during operation. Motorcycles may be operated to the nearest repair facility for headlamp repair except during hours of darkness.
(b) Except at times when headlamps are required to be lighted as provided by 12-201, the headlamps of motorcycles may be modulated whenever the motorcycle is in operation during daylight hours.
(c) Subsection (a) shall not apply to motorcycles manufactured prior to ________ (date).

ARTICLE XIV.STREETCARS;

11-1401.Traffic laws apply to operators of streetcars
Every operator of a streetcar upon any roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter and chapter 10, except regulations and provisions which by their nature can have no application.

11-1402.Passing streetcar on left
(a) The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any streetcar proceeding in the same direction, whether such streetcar is actually in motion or temporarily at rest, except:

  1. When so directed by a police officer;
  2. When upon a one-way street; or
  3. When upon a street where the tracks are so located as to pent compliance with this section.

(b) The driver of any vehicle when permitted to overtake and pass upon the left of a streetcar which has stopped for the purpose of receiving or discharging any passenger shall reduce speed and may proceed only upon exercising due caution for pedestrians and shall accord pedestrians the right of way when required by other sections of this chapter.

11-1403.Passing streetcar on right
The driver of a vehicle overtaking upon the right any streetcar stopped or about to stop for the purpose of receiving or discharging any passenger shall stop such vehicle at least five feet to the rear of the nearest running board or door of such streetcar and thereupon remain standing until all passengers have boarded such car or upon alighting have reached a place of safety, except that where a safety zone has been established, a vehicle need not be brought to a stop before passing any such streetcar but may proceed past such car at a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians.

11-1404.Driving on streetcar tracks
(a) The driver of any vehicle proceeding upon any streetcar track in front of a streetcar upon a street shall remove such vehicle from the track as soon as practical after signal from the operator of said streetcar.
(b) When a streetcar has lawfully entered and is crossing an intersection, no driver of a vehicle shall drive upon or across the car tracks within the intersection in front of the streetcar when there is hazard of a collision.
(c) The driver of a vehicle upon overtaking and passing a streetcar shall not turn in front of such streetcar so as to interfere with or impede its movement.

ARTICLE XV.VICTIMS OF A TRAFFIC-RELATED OFFENSES

11-1501.Definitions
(a) "Catastrophic injury" means an injury to any person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(b) "Victim" means a person who has been catastrophically injured as a result of a traffic-related offense committed by another person, or the spouse, parent, child, sibling or representative of a person killed or catastrophically injured as a result of a traffic-related offense committed by another person.

11-1502.Rights of victims
Victims shall have the following rights:
(a) To speedy prosecution of the offense. In any criminal justice proceeding, the police, the prosecutor, and the court shall take appropriate action to ensure speedy prosecution of the defendant. Victims shall be informed by the prosecuting attorney of any motions which would result in delay of the prosecution and be allowed to object in writing.
(b) Upon request by the victim, to be informed by the police investigating the case of the status of the investigation, and by the prosecuting attorney prior to any critical decisions concerning the case including the charging decision, diversion, dismissal, or other disposition.
(c) To be present at any time the defendant has the right to be present during all criminal justice proceedings related to an offense unless the court determines that exclusion is necessary to protect the confidentiality of juvenile or similar proceedings. If a victim is unable to attend the court proceedings, the court may designate a representative of the victim who has the same right to be present as the victim would have had.
(d) To make victim impact statements to the court including information about the financial, emotional, psychological, and physical effects of the crime on the victim, the circumstances surrounding the crime, the manner in which it was perpetrated, and the victim's opinion of any recommended sentence of the convicted offender. A victim may present an impact statement to the court either orally or in writing.
(e) To an order of restitution if the order is authorized by the laws of this state. (New section, 1992.)

11-1503.Law Enforcement Agency
(a) At the time of the initial contact between any law enforcement agency and the victim, the law enforcement agency investigating the case shall provide the victim a written statement of rights which shall include the following information:

  1. A statement and explanation of the victim's rights as enumerated by Section 11-1502 of this code;
  2. The availability of victim assistance, medical and emergency services;
  3. The availability of victim compensation benefits, including the name, office address, and telephone number of the contact person(s) responsible for administering the program; and
  4. The office addresses and telephone numbers of appropriate victim support and services groups.

(b) As soon as available, the police shall provide to the victim the following:

  1. The office address and telephone number of the prosecutor's office;
  2. The case number and the names, office addresses, and telephone numbers of the law enforcement officers assigned to investigate the case; and
  3. If known, whether the suspect has been taken into custody, and if taken into custody, whether released, and any conditions attached to the release.

11-1504.Prosecutor
(a) Upon request by the victim for information concerning the criminal court proceedings, a prosecuting attorney shall inform the victim of the following:

  1. A statement and explanation of the victim's rights as enumerated by Section 11-1502.
  2. The actual assignment of the case, including case number, and the court to which it is assigned;
  3. The date, time, and location of any criminal proceedings relative to the offense;
  4. The availability of crime victim compensation benefits, including the name, office address, and telephone numbers of contact persons responsible for administering the program;
  5. The availability of any transportation services to court proceedings;
  6. Whether the defendant has a right to review the pre-sentence reports and impact statements;
  7. Whether the defendant has the right to attend and make a statement at the sentencing hearing;
  8. The time and place of any hearing for the reconsideration of the sentence imposed; and
  9. The right to receive information from corrections officials concerning imprisonment and release.
  10. If the defendant appeals, the prosecutor shall inform the victim of the status of the case on appeal and the decision of the appellate court upon disposition.

(b) The prosecutor shall notify the victim in writing of the date, time, and location of the sentencing hearing and advise the victim of the opportunity to present a victim's impact statement or to appear at the sentencing proceeding.

11-1505.Probation Department
The Probation Department, in preparing any pre-sentence report on the defendant, must attempt to consult with the victim and must include a written victim impact statement as part of the pre-sentence report if the victim chooses to submit one. If the victim cannot be located or declines to cooperate, the probation officer must include a notation to that effect in the report.

11-1506.Court
The Court shall orally inform victims present at the sentencing hearing of their right to present victim impact statements.

 

 

All Contents Copyright 1997, NCUTLO, All Rights Reserved.
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