ST. GEORGE — Motorists in Utah who drive 105 mph or faster could be cited for reckless driving if a recently passed piece of legislation is signed into law.
The bill, Driver Speeding Amendments, designated SB 53 in the 2022 Utah Legislative Session, also increases the maximum fines for drivers who exceed 100 mph and allows certain vehicles to be seized by police if used in a street racing contest.
The measure, which passed the state Senate by a vote of 22-4 on Feb. 15, later passed the House 49-23 on Feb. 24. It now awaits Gov. Spencer Cox’s signature.
Speaking just before the bill came to its final vote in the House on Feb. 24, Rep. Ryan Wilcox (R-Ogden), the bill’s House sponsor, said the measure addresses three separate traffic offenses: reckless driving, speeding and speed racing contests.
The bill states that a person who drives a vehicle at a speed of 105 mph or greater is guilty of reckless driving, defined as operating a vehicle in “willful or wanton disregard for the safety of persons or property.” Such an offense is punishable as a class B misdemeanor.
Additionally, drivers who are cited for speeding in excess of 100 mph are subject to increased fines equal to 150% of the regular amount. For example, a driver who would have received a $300 speeding ticket for going slightly less than 100 mph would be subject to paying a fine of $450 for that same citation if he or she was clocked at going 100 mph or more.
The bill underwent multiple revisions before its fifth and final iteration was ultimately passed.
“I’m happy to say that the original sponsor has been very cooperative with concerns,” Wilcox added, referring to Sen. Jani Iwamoto (D-Salt Lake City).
“The reality is we’ve had a 40% increase in speeding violations involving drivers traveling in excess of 100 miles an hour,” Wilcox said. “Over the past three years, fatalities are up significantly. In 2021, we had a 20-year high and 93 were speed related.”
“So, unfortunately, I agree with her that this is one that we need to support at this time,” Wilcox added.
Rep. Rex Shipp (R-Cedar City) then spoke in favor of the bill, saying he routinely travels the 250-mile distance between Cedar City and Salt Lake.
“I like to drive rather fast myself,” he said. “And I see cars going by me that must be going at least 20 miles an hour faster than the posted speed limit. It gets pretty crazy out there.”
“I think we need to let the citizens know it’s time to slow down just a little bit, to be safe,” Shipp added.
Rep. Carl Albrecht, who represents Central Utah’s District 70, said Utah Highway Patrol troopers issued 5,000 speeding tickets last year to drivers traveling in excess of 100 mph.
“And that’s just the ones they caught,” he said.
Albrecht said many drivers tend to are comfortable with setting their vehicle’s cruise control at high speeds.
“But when you crash, it’s pretty devastating,” he said.
Three weeks earlier, during a Feb. 2 meeting of the Senate Transportation, Public Utilities, Energy, and Technology Committee, several proponents of the bill had spoken in its favor, including Utah Highway Patrol Col. Michael Rapich, Salt Lake City Police Chief Mike Brown, William Carlson of the Salt Lake County Attorney’s Office and Carlos Bracereas, executive director of the Utah Department of Transportation.
In a letter of support for the bill, Brown wrote that it would help law enforcement officers cut down on street racing, a problem he called “a nearly insurmountable challenge” and a “clear and inherent public safety risk.”
“For those who engage in street racing, there is little to no fear of punitive action and even less fear of being caught,” Brown said in his written statement.
Also during that committee hearing, Iwamoto showed a video highlighting the dangers of street racing and handed out informational materials to those in attendance.
SB 53, if enacted into law, also will enable police to seize vehicles that are not street legal, if they are being used in a street racing contest.
An earlier version of the bill would have also prohibited a person from being a spectator or making preparations for a speed contest or exhibition of speed on a highway, but that part was removed after concerns were raised
Defense attorney Mark Moffatt had said during the Feb. 2 committee meeting he was concerned about criminalizing spectators.
“Under Utah law, it’s established that the mere presence at the scene of a crime itself is not a crime,” he said.
The clause referring to spectators subsequently was deleted from the bill.
Even in its final version, some lawmakers still had reservations about the legislation.
Among the 23 nay votes cast in the third and final House vote on Feb. 24 were those of five Southern Utah legislators who opposed the measure, namely Reps. Walt Brooks, Lowry Snow, Brad Last, Phil Lyman and Travis Seegmiller.
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