H.B. 217

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 24, 2007 at 8:42 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 6, 2007 at 4:13 PM by ddonat. --> 1

CELL PHONE RESTRICTION FOR TEEN
2 DRIVERS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kory M. Holdaway
6 Senate Sponsor: Michael G. Waddoups
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to driving
11 by minors.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person younger than 18 years of age from using a wireless telephone
15 while operating a motor vehicle;
16 . provides exceptions to the wireless telephone prohibition;
17 . provides that it is an infraction for violating the wireless telephone prohibition;
18 H. [ . provides that a violation is a reportable violation and requires the Driver License
19 Division to assess points against a person's driving record for being convicted of
20 violating the wireless telephone prohibition; ] [ and ]
20a . provides that enforcement for the wireless telephone prohibition shall be only as a
20b secondary action; and .H
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

28 41-8-4, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-8-4 is enacted to read:
32 41-8-4. Operation of vehicle by person under 18 -- Use of wireless telephones
33 prohibited -- Exceptions -- Penalty.
34 (1) (a) Except as provided in Subsection (2), a person younger than 18 years of age,
35 whether a resident or nonresident of this state, may not use a wireless telephone while
36 operating a motor vehicle upon a highway of this state.
37 (b) The use of a wireless telephone under this Subsection (1) includes the use of a
38 wireless telephone for text messaging communication.
39 (2) Subsection (1) does not prohibit a person younger than 18 years of age from using a
40 wireless telephone while operating a motor vehicle:
41 (a) during a medical emergency;
42 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
43 H. [ or ] .H
44 (c) when reporting a criminal activity or requesting assistance relating to a criminal
45 activity H. :
45a (d) in the course and scope of the person's employment if the person is using the wireless
45b telephone in the course and scope of the person's employment; or
45c (e) if the wireless telephone is designed and configured for hands-free talking and listening and
45d the hands-free talking and listening features are used while operating the motor vehicle .H .
46 (3) A person who violates this section is guilty of an infraction.
47 H. [ (4) (a) A violation of this section is a reportable violation as defined under Section
48 53-3-102 .
49 (b) Upon receiving a record of conviction under this section, the Driver License
50 Division shall assess points against the driving record of the person convicted in accordance
51 with Section 53-3-221 . ]
51a [(5)] (4) Enforcement of this section by a state or local law enforcement officer
51b shall be
51c only as a secondary action when the vehicle has been detained for a suspected violation by
51d any person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another
51e offense. .H

Legislative Review Note
as of 12-21-06 2:46 PM

Office of Legislative Research and General Counsel