H.B. 182

1

USE OF MOBILE PHONES IN VEHICLES
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Kory M. Holdaway
5 This act modifies the Motor Vehicle Code to prohibit, with exceptions, the use of mobile
6 phones and other devices while operating a motor vehicle. This act provides penalties.
6a h This act provides secondary enforcement of violations. h
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 41-6-154.25, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 41-6-154.25 is enacted to read:
12 41-6-154.25. Use of devices in vehicle prohibited -- Exceptions -- Penalties.
13 (1) Except as provided under Section 41-6-154.20 or Subsection (2), a person may not
14 operate a motor vehicle on a highway while the person is using a telephone, computer, or facsimile
15 machine.
16 (2) Subsection (1) does not apply to a device used by:
17 (a) a mechanism that does not require holding the device or portion of the device during
18 the use; h OR h
19 (b) emergency and law enforcement personnel acting in their official capacity, including
20 a peace officer, firefighter, ambulance driver, and search and rescue personnel h [ ;
21 (c) any person during a medical emergency; or
22 (d) any person who is reporting a safety hazard of criminal activity or who is requesting
23 assistance related to a safety hazard or criminal activity ] h .
24 (3) A person who violates this section is guilty of an infraction.
24a h (4) ENFORCEMENT OF THIS SECTION BY STATE OR LOCAL LAW ENFORCEMENT
24b OFFICERS SHALL BE ONLY AS A SECONDARY ACTION WHEN AN OPERATOR OF A MOTOR
24c VEHICLE HAS BEEN DETAINED FOR A SUSPECTED VIOLATION OF TITLE 41, OTHER THAN THIS
24d SECTION, OR FOR ANOTHER OFFENSE. h

Legislative Review Note
as of 1-22-01 2:40 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel