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House passes pedestrian right-of-way bill after debate over audible-signal language

Utah House of Representatives (1997 session) · January 28, 1997
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Summary

House Bill 196, which extends bicycle rules to skateboards and inline skates and requires operators to yield to pedestrians and give an audible signal before overtaking, passed the House 64-8 after debate and amendment inserting a "reasonable distance" standard for the audible signal.

The Utah House passed House Bill 196, a pedestrian right-of-way measure that extends the rights and duties applicable to bicycles to other human-powered devices (including skateboards and inline skates) and requires operators to yield to pedestrians and give an audible signal before overtaking.

Sponsor Representative Rex Van Swallow, citing a constituent and public-safety concerns, said the bill "is not an anti biking bill" and that the measure simply modernizes existing bicycle law to include other human-powered devices and to emphasize yielding to pedestrians. He told the House that the bill’s provisions would be distributed and enforced by existing authorities and that the intent is to clarify liability and expectations for operators.

Representative Richard Nelson proposed an amendment to specify that an audible signal must be given 15 feet before overtaking a pedestrian. Nelson said the 15-foot language was meant to ensure signals occur with enough notice; he described an incident in which a pedestrian was startled and injured when a cyclist sounded an immediate signal.

Opponents including the sponsor and law-enforcement representatives argued a fixed distance could be hard to measure and enforce. Representative Swallow said enforcement and prosecutorial elements could be complicated by a strict distance requirement. Representative Allen and other members urged caution about enforceability on mountain trails and in high-speed situations.

After debate, the House adopted an amendment replacing the numeric distance with language requiring operators to give an audible signal "a reasonable distance" before overtaking, to allow courts and enforcement discretion. The floor then voted to pass House Bill 196; the clerk announced the final tally: 64 yes, 8 no, and the bill passed the House for consideration by the Senate.

What's next: HB 196 advances to the Senate for consideration.