JURISDICTION: UTAH

This chapter summarizes Utah State statutes related to speed.

General Reference: Utah Code Annotated and Utah Administrative Code (UAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing. §41-6-46(1)

Statutory Speed Limit: If the following speed limits are exceeded, it is prima facie evidence that

See Other below. such speed was not reasonable or prudent. §41-6-46(3)

A) 55 MPH, except as note, on highways or streets §41-6-46(2)(c) Note: See "I" under Posted Speed limits below.

B) 25 MPH in an urban district §41-6-46(2)(b)

C) 30 MPH in a school zone §41-6-46)(2)(a)

Posted (Maximum) Speed Limit: I. Based on traffic engineering and safety studies, the State Department of Transportation may establish different speed limits on highways under its jurisdiction.⁽¹⁾ §41-6-47(1) & (2) Important. The maximum posted speed limit cannot be >65 MPH on regular highways or >75 MPH on limited access ones. §41-6-47(3)(a)

II. Based on traffic engineering and safety studies, a local government may establish different speed limits on highways under its jurisdiction. §41-6-48(1) & (2) Important. The maximum posted speed limit cannot exceed those noted above. §§41-6-47(3)(a) & 41-6-48(1)

III. Based on an investigation, the State Department of Transportation may establish a safe maximum speed for any bridge or elevated structure. §41-6-50

Minimum Speed Limit: A person may not operate a motor vehicle at a speed so slow as to impede or block the normal and reasonable movement of traffic. §41-6-49(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or a local government may, on highways under their respective jurisdictions, establish a minimum speed limit for a highway. §41-6-49(3)

Other: The governor may by proclamation alter speed limits on State highways in time of war or emergency. §41-6-46(4)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Class C Misdemeanors. §41-6-12(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 90 days §76-3-204(3)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $750 §76-3-301(1)(e)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may reduce the number of points on their driving record by completing a Defensive Driving Course. UAC R708-14-4 & R708-14-5

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽²⁾ based either on frequent traffic law violations. §53-3-221(1)(f)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §53-3-221(8)(a)

Mandatory Minimum Term of

Withdrawal: None Note: License suspension action is discretionary with the licensing agency.

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Class C Misdemeanor §§41-6-12(1) & 41-6-51

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days §76-3-204(3)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $750 §76-3-301(1)(e)

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System² based either on (1) a conviction of a serious traffic offense or (2) frequent traffic law violations. §53-3-221(1)(d) & (f)

Length of Term of

Licensing Withdrawal: Not more than 1 year §53-3-221(8)(a)

Mandatory Action--Minimum

Length of License

Withdrawal: None Note: License suspension action is discretionary with the licensing agency.

Other: An offender may reduce the number of points on their driving record by completing a Defensive Driving Course. UAC R708-14-4 & R708-14-5

Reckless Driving: Class B Misdemeanor §41-6-45(1) & (2)

Sanction:

Criminal:

Imprisonment (Term): 1st or subsequent offense-Not more than 6 months §76-3-204(2)

Mandatory Minimum Term

of Imprisonment: 1st offense-5 days Subsequent offense-10 days §41-6-45(2) Note: As alternative to mandatory imprisonment, the offender may be required to only pay the minimum mandatory fine. §41-6-45(2)

Fine ($ Range): 1st or subsequent offense-Not more than $1,000 §76-3-301(1)(d)

Mandatory Minimum Fine: 1st offense-$25 Subsequent offense-$50 Note: As alternative the mandatory fines, an offender may be required to serve the above mandatory incarceration periods. §41-6-45(2)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System² based either on (1) a conviction of a serious traffic offense or (2) frequent traffic law violations. §53-3-221(1)(d) & (f) 2nd offense (within 12 months)-Revocation §53-3-220(1)(a)(viii)

Length of Term of License

Withdrawal Action: Suspension-Not more than 1 year §53-3-221(8)(a) Revocation-1 year §53-3-225(1)(a)

Mandatory Term of License

Withdrawal Action: Suspension-None Note: License suspension action is discretionary with the licensing agency. Revocation-1 year §§53-3-220(1)(a)(viii) & 53-3-225(1)(a)

Other: An offender may reduce the number of points on their driving record by completing a Defensive Driving Course. UAC R708-14-4 & R708-14-5

Commercial Motor Vehicle (CMV) Operators⁽³⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁴⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §53-3-414(6)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §53-3-414(6)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §53-3-414(6)

1. ¹This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for highway construction, (4) for various weather conditions or (5) for other highway safety factors. §41-6-47(2)

2. ²Point System. I. Offenders 21 Years Old. An offender, who accumulates either 200 to 399 points, 400 to 599 points or 600 points is subject to respectively either a 3 month, 6 months or 1 year license suspension. UAC R708-14-4 Offenders 16 but <21 Years Old. An offender, who accumulates either 140 to 199 points are subject to license "denial" for 30 days. If after first denial they accumulate 140 to 199 points within 3 years, they are subject to a 60 day license denial. And, if after a second denial they accumulate 140 or more points within 3 years, they are subject to a 90 day license denial. In addition, if an offender accumulates 200+ points, 250+ points, 350+ points or 450+ points, they are subject or respectively 60 day, 90 day, 6 month or 1 year license suspension. UAC R708-14-5 II. The following points have been assigned to speeding and speed related traffic law violations: Reckless driving-80 points; racing/drag racing/acceleration contest-60 points; speeding too fast for conditions-50 points; speeding 0 to 9 MPH over the speed limit-35 points; speeding 10 to 19 MPH over the speed limit-55 points; speeding 20 MPH over the speed limit-75 points; driving too slow-50 points; and, speeding violation on an interstate under 71 MPH where there is no accident-35 or 55 points. UAC R708-14-5a

3. ³A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §53-3-102(5)(a)

4. ⁴A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §53-3-402(16)(a) & (b)