Will Utah legislators define ‘road rage,’ and make laws to address it?

The number of Utahns dying due to aggressive driving has been increasing annually.

In 2017 there were 10 fatal crashes due to aggressive driving. In 2022 the number more than doubled to 24, according to research presented by the Utah Highway Patrol on Wednesday afternoon to lawmakers meeting in interim session.

Utah Highway Patrol shared another terrifying data point: 33 drivers brandished a weapon in 2022.

State legislators are trying to find solutions to “road rage,” which currently has no legal definition in Utah.

One needed step, said Rep. Paul Cutler, R-Centerville, is to define road rage in state statute.

Two proposed definitions raised by lawmakers would be “a) the commission of one or more moving traffic offenses with the intent to endanger or intimidate another individual; or b) an assault with a motor vehicle or dangerous weapon by the operator or passenger of a motor vehicle precipitated by an accident on a roadway.”

While having someone flip a middle finger after passing you isn’t pleasant, that type of wrath isn’t the focus of lawmakers.

“Is just somebody expressing their opinion about your driving ‘road rage?’” said Cutler. “It doesn’t seem to me like expressing your opinion about somebody else’s driving meets this definition.”

Cutler and Salt Lake County Deputy District Attorney Will Carlson discussed the merits of enhancing penalties versus creating a whole new crime specifically for road rage. They noted that New York and California have experimented with such tactics. There are downsides to either path: a separate penalty would be easier for the state to track, but would require a witness to prove beyond a reasonable doubt that the driver endangered others with a specific intent. An enhanced penalty wouldn’t help law enforcement officers better track instances of “road rage.”

Rep. Candice Pierucci, R-Herriman, favored focusing on education and fine-tuning the statutory definition of road rage. Pierucci also said she’d prefer to give state troopers the discretion to tow a vehicle, rather than mandating it, in road rage incidents.

Sen. Jake Anderegg, R- Lehi, questioned whether harsher punishments would work, noting that drivers in a fit of rage may not be considering the consequences of their actions or the penalties they might face.

“[Enhancements] look good on paper, but in practice I just don’t see that they’re deterring anything,” Anderegg said, “I see things getting worse.”

Road rage is a priority for the transportation interim committee and members will consider the topic further in future meetings.