40-1-1.
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Index ]
As used in this title, the term:
(1) 'Alcohol concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
(2) 'Alley' means a street or highway intended to provide access to the rear
or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic.
(3) 'All-terrain vehicle' means any motorized vehicle designed for off-road
use which is equipped with three or more low pressure tires and with a seat
to be straddled by the operator and with handlebars for steering control.
(4) 'Arterial street' means any U.S. or state numbered route,
controlled-access highway, or other major radial or circumferential street
or highway designated by local authorities within their respective
jurisdictions as part of a major arterial system of streets or highways.
(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a
public utility corporation and designated as an emergency vehicle by the
Department of Public Safety; a motor vehicle belonging to a fire department
or a certified private vehicle belonging to a volunteer firefighter or a
fire-fighting association, partnership, or corporation; an ambulance; or a
motor vehicle belonging to a federal, state, or local law enforcement
agency, provided such vehicle is in use as an emergency vehicle by one
authorized to use it for that purpose.
(6) 'Bicycle' means every device propelled by human power upon which any
person may ride, having only two wheels which are in tandem and either of
which is more than 1 inches in diameter.
(6.1) 'Bicycle path' means a right of way under the jurisdiction and control
of this state or a local political subdivision thereof designated for use by
bicycle riders.
(6.2) 'Bicycle trailer' means every device pulled by a bicycle and designed
by the manufacturer of such device to carry human passengers.
(7) 'Bus' means every motor vehicle designed for carrying more than ten
passengers and used for the transportation of persons and every motor
vehicle, other than a taxicab, designed and used for the transportation of
persons for compensation.
(8) 'Business district' means the territory contiguous to and including a
highway when within any 600 feet along such highway there are buildings in
use for business or industrial purposes, including but not limited to
hotels, banks, office buildings, railroad stations, and public buildings
which occupy at least 300 feet of frontage on one side or 300 feet
collectively on both sides of the highway.
(9) 'Controlled-access highway' means every highway, street, or roadway in
respect to which owners or occupants of abutting lands and other persons
have no legal right of access to or from the same except only at such points
and in such manner as may be determined by the public authority having
jurisdiction over such highway, street, or roadway.
(10) 'Crosswalk' means:
(A) That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of the
highway measured from the curbs or in the absence of curbs, from the edges
of the traversable roadway; or
(B) Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the surface.
(11) 'Dealer' means a person engaged in the business of buying, selling, or
exchanging vehicles who has an established place of business in this state.
(12) 'Demonstrator' means any motor vehicle which has not been the subject
of a sale at retail to the general public but which has been operated on the
roads of this state in the course of a motor vehicle dealer?s business.
(1) 'Divided highway' means a highway divided into two or more roadways by
leaving an intervening space or by a physical barrier or by a clearly
indicated dividing section so constructed as to impede vehicular traffic.
(14) 'Driver' means every person who drives or is in actual physical control
of a vehicle.
(15) 'Driver?s license' means any license to operate a motor vehicle issued
under the laws of this state.
(15.5) 'Electric assisted bicycle' means a device with two or three wheels
which has a saddle and fully operative pedals for human propulsion and also
has an electric motor. For such a device to be considered an electric
assisted bicycle, it shall meet the requirements of the Federal Motor
Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq.,
and shall operate in such a manner that the electric motor disengages or
ceases to function when the brakes are applied. The electric motor in an
electric assisted bicycle shall:
(A) Have a power output of not more than 1,000 watts;
(B) Be incapable of propelling the device at a speed of more than 20 miles
per hour on level ground; and
(C) Be incapable of further increasing the speed of the device when human
power alone is used to propel the device at or more than 20 miles per hour.
(15.6) 'Electric personal assistive mobility device' or 'EPAMD' means a
self-balancing, two nontandem wheeled device designed to transport only one
person and having an electric propulsion system with average power of 750
watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a
paved level surface when powered solely by such propulsion system and ridden
by an operator who weighs 170 pounds.
(40) 'Explosives' means any chemical compound or mechanical mixture that is
commonly used or intended for the purpose of producing an explosion and
which contains any oxidizing and combustive units or other ingredients in
such proportions, quantities, or packing that an ignition by fire, by
friction, by concussion, by percussion, or by detonator of any part of the
compound or mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life or limb.
(17) 'Flammable liquid' means any liquid which has a flash point of 141
degrees Fahrenheit or less.
(18) 'Gross weight' means the weight of a vehicle without load plus the
weight of any load thereon.
(19) 'Highway' means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
(20) 'House trailer' means:
(A) A trailer or semitrailer which is designed, constructed, and equipped as
a dwelling place or living abode (either permanently or temporarily) and is
equipped for use as a conveyance on streets and highways; or
(B) A trailer or a semitrailer whose chassis and exterior shell is designed
and constructed for use as a house trailer, as defined in subparagraph (A)
of this paragraph, but which is used instead permanently or temporarily for
the advertising, sales, display, or promotion of merchandise or services, or
for any other commercial purpose except the transportation of property for
hire or the transportation of property for distribution by a private
carrier.
(21) 'Implement of husbandry' means a vehicle designed and adapted
exclusively for agricultural, horticultural, or livestock-raising operations
or for lifting or carrying an implement of husbandry and in either case not
subject to registration if used upon the highways.
(21.1) 'Infant sling' means every device which is designed by the
manufacturer to be worn by a person for the purpose of carrying an infant
either on the chest or back of the wearer.
(22)(A) 'Intersection' means the area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles traveling
upon different highways joining at any other angle may come in conflict.
(B) Where a highway includes two roadways 30 feet or more apart, then every
crossing of each roadway of such divided highway by an intersecting highway
shall be regarded as a separate intersection. In the event such intersecting
highway also includes two roadways 30 feet or more apart, then every
crossing of two roadways of such highways shall be regarded as a separate
intersection.
(C) The junction of an alley with a street or highway shall not constitute
an intersection.
(23) 'Laned roadway' means a roadway which is divided into two or more
clearly marked lanes for vehicular traffic.
(24) 'License' or 'license to operate a motor vehicle' means any driver?s
license or any other license or permit to operate a motor vehicle issued
under, or granted by, the laws of this state, including:
(A) Any temporary license or instruction permit;
(B) The privilege of any person to drive a motor vehicle whether or not such
person holds a valid license; and
(C) Any nonresident?s operating privilege as defined in this Code section.
(25) 'Local authorities' means every county, municipal, and other local
board or body having authority to enact laws relating to traffic under the
Constitution and laws of this state.
(25.1) 'Low-speed vehicle' means any four-wheeled electric vehicle whose top
speed attainable in one mile is greater than 20 miles per hour but not
greater than 25 miles per hour on a paved level surface and which is
manufactured in compliance with those federal motor vehicle safety standards
for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect
on January 1, 2001.
(26) 'Manufacturer' means a person engaged in the manufacture of vehicles
and who has an established place of business in this state.
(27) 'Metal tire' means every tire of which the surface in contact with the
highway is wholly or partly of metal or other hard, nonresilient material. A
vehicle shall be considered equipped with metal tires when metal tires are
used on two or more wheels.
(28) 'Moped' means a motor driven cycle equipped with two or three wheels,
with or without foot pedals to permit muscular propulsion, and an
independent power source providing a maximum of two brake horsepower. If a
combustion engine is used, the maximum piston or rotor displacement shall be
3.05 cubic inches (50 cubic centimeters) regardless of the number of
chambers in such power source. The power source shall be capable of
propelling the vehicle, unassisted, at a speed not to exceed 30 miles per
hour (48.28 kilometers per hour) on level road surface and shall be equipped
with a power drive system that functions directly or automatically only, not
requiring clutching or shifting by the operator after the drive system is
engaged.
(29) 'Motorcycle' means every motor vehicle having a seat or saddle for the
use of the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor, all-terrain vehicle, and
moped.
(30) 'Motor driven cycle' means every motorcycle, including every motor
scooter, with a motor which produces not to exceed five brake horsepower,
every bicycle with a motor attached, and every moped.
(31) 'Motor home' means every motor vehicle designed, used, or maintained
primarily as a mobile dwelling, office, or commercial space.
(32) 'Motorized cart' means every motor vehicle having no less than three
wheels and an unladen weight of 1,300 pounds which cannot operate at more
than 20 miles per hour and which is designed to carry not more than two
persons, including the driver.
(33) 'Motor vehicle' means every vehicle which is self-propelled other than
an electric personal assistive mobility device (EPAMD).
(34) 'New motor vehicle' means any motor vehicle which is not a demonstrator
and has never been the subject of a sale at retail to the general public.
(35) 'Nonresident' means every person who is not a resident of this state.
(36) 'Nonresident?s operating privilege' means the privilege conferred upon
a nonresident by the laws of this state pertaining to the operation by such
person of a motor vehicle or the use of a vehicle owned by such person in
this state.
(37) 'Official traffic-control devices' means all signs, signals, markings,
and devices not inconsistent with this title which are placed or erected by
authority of a public body or official having jurisdiction for the purpose
of regulating, warning, or guiding traffic.
(38) 'Operator' means any person who drives or is in actual physical control
of a motor vehicle.
(39) 'Owner' means a person, other than a lienholder or security interest
holder, having the property in or title to a vehicle. The term includes a
person entitled to the use and possession of a vehicle subject to a security
interest in or lien by another person but excludes a lessee under a lease
not intended as security except as otherwise specifically provided in this
title.
(40) 'Park' or 'parking' means the standing of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
(41) 'Passenger car' means every motor vehicle, except motorcycles, motor
driven cycles, and low-speed vehicles, designed for carrying ten passengers
or less and used for the transportation of persons.
(42) 'Pedestrian' means any person afoot.
(43) 'Person' means every natural person, firm, partnership, association,
corporation, or trust.
(44) 'Pneumatic tire' means every tire in which compressed air is designed
to support the load. A vehicle shall be considered equipped with pneumatic
tires when pneumatic tires are used on all wheels.
(45) 'Pole trailer' means every vehicle without motive power designed to be
drawn by another vehicle and attached to the towing vehicle by means of a
reach or pole, or by being boomed or otherwise secured to the towing
vehicle, and ordinarily used for transporting long or irregularly shaped
loads such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
(46) 'Police officer' means every officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
(47) 'Private road or driveway' means every way or place in private
ownership and used for vehicular traffic by the owner and those having
express or implied permission from the owner, but not by other persons.
(48) 'Railroad' means a carrier of persons or property upon cars operated
upon stationary rails.
(49) 'Railroad sign or signal' means any sign, signal, or device erected by
authority of a public body or official or by a railroad and intended to give
notice of the presence of railroad tracks or the approach of a railroad
train.
(50) 'Railroad train' means a steam engine or electric engine or other
motor, with or without cars coupled thereto, operated upon rails.
(51) 'Residence district' means the territory contiguous to and including a
highway not comprising a business district, when the property on such
highway for a distance of 300 feet or more is in the main improved with
residences or residences and buildings in use for business.
(52) 'Right of way' means the right of one vehicle or pedestrian to proceed
in a lawful manner in preference to another vehicle or pedestrian
approaching under such circumstances of direction, speed, and proximity as
to give rise to danger of collision unless one grants precedence to the
other.
(53) 'Roadway' means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the berm or shoulder. In
the event a highway includes two or more separate roadways, the term
'roadway' shall refer to any such roadway separately, but not to all such
roadways collectively.
(54) 'Safety zone' means the area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
(55) 'School bus' means:
(A) A motor vehicle operated for the transportation of school children to
and from school or school activities or for the transportation of children
to and from church or church activities. Such term shall not include a motor
vehicle with a capacity of 15 persons or less operated for the
transportation of school children to and from school activities or for the
transportation of children to and from church or church activities if such
motor vehicle is not being used for the transportation of school children to
and from school; or
(B) A motor vehicle operated by a local transit system which meets the
equipment and identification requirements of Code Section 40-8-115;
provided, however, that such vehicle shall be a school bus only while
transporting school children and no other passengers to or from school.
(56) 'Semitrailer' means every vehicle with or without motive power, other
than a pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its weight and
that of its load rests upon or is carried by another vehicle.
(57) 'Sidewalk' means that portion of a street between the curb lines, or
the lateral lines of a railway, and the adjacent property lines, intended
for use by pedestrians.
(58) 'Solid tires' means tires of rubber or similarly elastic material that
do not depend on confined air for the support of the load. A vehicle shall
be considered equipped with solid tires when solid tires are used on two or
more wheels.
(59) 'Special mobile equipment' means every vehicle not designed or used
primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but not limited to:
ditch-digging apparatus, well-boring apparatus, and road construction and
maintenance machinery such as asphalt spreaders, bituminous mixers, bucket
loaders, tractors other than truck tractors, ditchers, leveling graders,
finishing machines, motor graders, road rollers, scarifiers, earth-moving
carryalls and scrapers, power shovels and drag lines, and self-propelled
cranes and earth-moving equipment. The term does not include house trailers,
dump trucks, truck mounted transit mixers, cranes or shovels, or other
vehicles designed for the transportation of persons or property to which
machinery has been attached.
(60) 'Stand' or 'standing' means the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
(61) 'State' means a state, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or a province of
Canada.
(62) 'Stop' or 'stopping':
(A) When required, means complete cessation from movement; or
(B) When prohibited, means any halting, even momentarily, of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or
traffic-control sign or signal.
(63) 'Street' means the entire width between boundary lines of every way
publicly maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
(64) 'Through highway' means every highway or portion thereof on which
vehicular traffic is given preferential right of way and at the entrances to
which vehicular traffic from intersecting highways is required by law to
yield the right of way to vehicles on such through highway in obedience to a
stop sign, yield sign, or other official traffic-control device, when such
signs or devices are erected as provided in this title.
(65) 'Tractor' means any self-propelled vehicle designed for use as a
traveling power plant or for drawing other vehicles but having no provision
for carrying loads independently.
(66) 'Traffic' means pedestrians, ridden or herded animals, vehicles, and
other conveyances either singly or together while using any highway for
purposes of travel.
(67) 'Traffic-control signal' means any device, whether manually,
electrically, or mechanically operated, by which traffic is alternately
directed to stop and permitted to proceed.
(68) 'Trailer' means every vehicle with or without motive power, other than
a pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight rests
upon the towing vehicle.
(69) 'Tripper service' means regularly scheduled mass transportation service
which is open to the fare-paying public but which is also designed or
modified to accommodate the needs of elementary or secondary school students
and school personnel.
(70) 'Truck' means every motor vehicle designed, used, or maintained
primarily for the transportation of property.
(71) 'Truck camper' means any structure designed, used, or maintained
primarily to be loaded on or affixed to a motor vehicle to provide a mobile
dwelling, sleeping place, office, or commercial space.
(72) 'Truck tractor' means every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
(73) 'Urban district' means the territory contiguous to and including any
street which is built up with structures devoted to business, industry, or
dwelling houses situated at intervals of less than 100 feet for a distance
of a quarter of a mile or more.
(74) 'Used motor vehicle' means any motor vehicle which has been the subject
of a sale at retail to the general public.
(75) 'Vehicle' means every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting devices
used exclusively upon stationary rails or tracks.
40-1-2.
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The Society of Automotive Engineers horsepower rating formula is adopted as
the standard for determining the horsepower of passenger-carrying vehicles.
40-1-3.
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It is unlawful for the owner or any other person employing or otherwise
directing the driver of any vehicle to require or knowingly permit the
operation of such vehicle upon a highway in any manner contrary to law.
40-1-4.
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No person owning, operating, or using a motor vehicle in this state shall
knowingly affix or attach to any part of such motor vehicle any sticker,
decal, emblem, or other device containing profane or lewd words describing
sexual acts, excretory functions, or parts of the human body. Any person who
violates any part of this Code section shall be guilty of a misdemeanor and
shall be punished by a fine not to exceed $100.00.
40-1-5.
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(a) As used in this Code section, the terms 'dealer,' 'distributor,'
'manufacturer,' and 'new motor vehicle' shall have the same meaning as set
forth in Code Section 40-2-39.
(b) Except as provided in this subsection and in subsection (c) of this Code
section, prior to the sale of a new motor vehicle, a dealer must disclose to
the buyer any damage which has occurred to the vehicle of which the dealer
has actual knowledge and which costs more than 5 percent of the
manufacturer´s suggested retail price to repair. Prior to the sale of a new
motor vehicle, a dealer must also disclose to the buyer any damage which has
occurred to the paint of which the dealer has actual knowledge and which
costs more than $500.00 to repair. Damages shall be calculated at the actual
cost of such repair.
(c) Notwithstanding anything to the contrary in subsection (b) of this Code
section, in calculating the amount of damage for purposes of disclosure
under subsection (b) of this Code section, a dealer shall not be required to
take into account nor shall a dealer be required to disclose damage to
glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless
of cost, so long as the item is replaced with original or reasonably
comparable equipment.
(d) Prior to the delivery of a new motor vehicle, each manufacturer,
distributor, carrier, or motor vehicle importer must disclose to the dealer
any damage which has occurred to the vehicle of which the manufacturer,
distributor, carrier, or importer has actual knowledge and which is required
to be disclosed to a buyer under subsections (b) and (c) of this Code
section. If a manufacturer, distributor, carrier, or motor vehicle importer
fails to make any disclosure required by this subsection, then such shall be
liable to the dealer for any liability imposed on such dealer for a failure
on the part of the dealer to comply with the requirements of this Code
section.
(e) Prior to the delivery of a new motor vehicle, each manufacturer,
carrier, or motor vehicle importer must disclose to the distributor any
damage which has occurred to the vehicle of which the manufacturer, carrier,
or importer has actual knowledge and which is required to be disclosed to a
buyer under subsections (b) and (c) of this Code section. If a manufacturer,
carrier, or motor vehicle importer fails to make any disclosure required by
this subsection, then such shall be liable to the distributor for any
liability imposed on such distributor for a failure on the part of the
distributor to comply with the requirements of this Code section.
(f) If disclosure is not required under this Code section, a buyer may not
revoke or rescind a sales contract, and relief may not be sought under this
or any other provision of this Code, including Part 2 of Article 15 of
Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged
and repaired prior to the sale.
(g) A violation of this Code section shall be a per se violation of Code
Section 10-1-393, and the penalties, procedures, and remedies applicable to
violations of Code Section 10-1-393 shall be applicable to a violation of
this Code section.
40-1-6.
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Uniformed law enforcement officers of an agency who are assigned routinely
or primarily to traffic law enforcement or other traffic safety duties on
the roadways or highways of this state shall wear the same type uniform as
other members of the assigned division of such officers´ respective
agencies. Officers assigned to special operations activities may wear other
identifiable uniforms or other clothing appropriate to an operation upon
approval of the sheriff, chief of police, or other agency head. An otherwise
lawful arrest shall not be invalidated or in any manner affected by failure
to comply with this Code section.
40-1-7.
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Whenever pursuing a person in violation of a traffic related offense, a
uniformed law enforcement officer who is assigned routinely or primarily to
traffic law enforcement or other traffic safety duties on the roadways or
highways of this state must place a visible blue light on the roof of his or
her vehicle if such vehicle is not equipped with permanent roof mount blue
lights; provided, however, that the provisions of this Code section shall
not apply to law enforcement officers operating vehicles manufactured prior
to 2001. This Code section shall not apply to any officer assigned to
special operations activities or responding to an immediate threat to public
safety as a result of an accident or other emergency. An otherwise lawful
arrest shall not be invalidated or in any manner affected by failure to
comply with this Code section.