Sign up, and you can customize which countdowns you see. Sign up
Dec 12, 2024
1:20:38am
Spindash All-American
In this context, 41-6a-701 and 41-6a-704 are the specific applicable statutes.

41-6a-601 is the statute that is referenced when citing a vehicle that is traveling too fast for existing conditions, such as a vehicle that slides off the roadway during a snowstorm, inclement weather, etc. It sets the base for safe and reasonable speeds, however, it does not supersede the requirements set forth in 701 and 704, which are the duty to operate in the right hand lane statute, and the overtaking and passing statute. Essentially, even though safe and reasonable speeds are expected, the operator also must do so in compliance with 701 and 704.

41-6a-704 requires the operator of a vehicle being overtaken to yield to the right to the overtaking vehicle (2)(ii)(a). Everyone cites 41-6a-704 when it comes to left lane law, however, the underlying statute is outlined in 701, which outlines a driver's "duty to operate on the right side of roadway" and specifies on "all roadways of sufficient width". It obviously establishes that we drive on the right side of roadways and not left side in Utah (the U.S.) but further specifies that vehicles traveling less than the normal speed of traffic must do so in the then right hand lane available for traffic, or as close to the right hand curb or edge of roadway as practicable. Subsection (3) of 41-6a-701 "duty to operate on right side of roadway" further refers to "roadway" rather than highway, and is citable as an infraction, though it can be done under 704 (in most conditions it would be practically cited) as well. It also gives the necessary maneuvering exceptions for vehicles operating on surface street roadways, like left hand turns, preparations for turns, and overtaking. However, the entire base principle for the Part 7 statute of Utah code is laid out in 701. It should be noted that the "normal speed of traffic" refers to the aggregate, not the "normal speed of the left hand lane" traffic.

In short, even if the operator of a vehicle is traveling at a speed that is wholly reasonable and prudent, if that speed is any amount under the posted speed limit in a left hand lane of travel or if the vehicle does not yield to the right to an overtaking vehicle, they would be in violation of the other statutes, even though they may be completely in compliance with 601.

Spindash
Previous username
Prestige
Bio page
Spindash
Joined
Feb 13, 2011
Last login
Dec 12, 2024
Total posts
3,112 (1,090 FO)
Messages
Author
Time
Dec 11, 4:35pm
Dec 11, 4:38pm
Dec 11, 4:39pm
Dec 11, 4:40pm

Posting on CougarBoard

In order to post, you will need to either sign up or log in.