Title 40, Chapter 1, Section 1
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 fireman 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 13 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
(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.
(13) "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.
(16) "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 80 degrees Fahrenheit, or less, as determined by a Tagliabue or
equivalent closed-cup device.
(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
(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
(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
(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
(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,
(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
(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.
(26) "Manufacturer" means a person engaged in the manufacture of
vehicles and who has an established place of business in this
(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, 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
(31) "Motor home" means every motor vehicle designed, used, or
maintained primarily as a mobile dwelling, office, or commercial
(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.
(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
(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
(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
(41) "Passenger car" means every motor vehicle, except motorcycles
and motor driven cycles, 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
(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
(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
(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
(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
(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