Utah House approves 90-second ‘red-light’ affirmative defense allowing cautious passage when signals fail

The Utah House on Feb. 25 approved the third substitute to House Bill 151, creating a limited affirmative defense for drivers who encounter a signal that fails to cycle.

Sponsor Representative Ivory said the measure provides a “common sense clause” for motorists who come to a complete stop, wait 90 seconds when the signal does not detect their vehicle and then cautiously enter the intersection if no other vehicle or pedestrian is present. “It simply gives you the opportunity to say, yes, but there was absolutely no one there,” Ivory said.

Opponents raised safety concerns and questioned whether detection technology or alternate traffic control (e.g., flashing signals in rural settings) would be preferable. Representative Nelson noted the bill expands an exception that previously applied only to motorcycles and mopeds to include motor vehicles and said that introduces a “higher element of danger at intersections.” Representative Chu and others asked whether signals ever exceed 90 seconds under current systems.

Supporters emphasized the bill is an affirmative defense, not immunity: a motorist cited under the statute still can be charged and must persuade a judge that the affirmative defense applies. Ivory said the judge retains discretion to decide whether the defense is persuasive in individual cases.

After extended floor discussion, the House approved HB 151, 39–34, sending the bill to the Senate for further consideration. The vote reflects a divided chamber with concerns concentrated on traffic safety and implementation rather than on the principle of relieving drivers stuck at non-cycling signals.

Next steps: HB 151 will be transmitted to the Utah Senate for consideration and any subsequent committee hearings or amendments.