41-6a-304 - Obeying devices -- Effect of improper position, illegibility, or absence -- Presumption of lawful placement and compliance with chapter.
41-6a-304. Obeying devices -- Effect of improper position, illegibility, or absence --Presumption of lawful placement and compliance with chapter.
(1) Except as otherwise directed by a peace officer or other authorized personnel underSection 41-6a-209 and except as provided under Section 41-6a-212 for authorized emergencyvehicles, the operator of a vehicle shall obey the instructions of any traffic-control device placedor held in accordance with this chapter.
(2) (a) Any provision of this chapter, for which a traffic-control device is required, maynot be enforced if at the time and place of the alleged violation the traffic-control device is not inproper position and sufficiently legible to be seen by an ordinarily observant person.
(b) The provisions of this chapter are effective independently of the placement of atraffic-control device unless the provision requires the placement of a traffic-control device priorto its enforcement.
(3) A traffic-control device placed or held in a position approximately conforming to therequirements of this chapter is presumed to have been placed or held by the official act ordirection of a highway authority or other lawful authority, unless the contrary is established bycompetent evidence.
(4) A traffic-control device placed or held under this chapter and purporting to conform tothe lawful requirements of the device is presumed to comply with the requirements of thischapter, unless the contrary is established by competent evidence.
Renumbered and Amended by Chapter 2, 2005 General Session