First Substitute H.B. 82

Representative Craig A. Frank proposes the following substitute bill:

1 DRIVING BY MINORS AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig A. Frank
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending driving by minors provisions.
10 Highlighted Provisions:
11 This bill:
12 . amends certain affirmative defenses to the nighttime driving restriction for persons
13 younger than 17 years of age;
14 . provides that enforcement of the nighttime driving restriction for persons younger
15 than 17 years of age shall be only as a secondary action;
16 . enacts and amends certain affirmative defenses to the passenger limitations for
17 certain minor drivers; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 41-8-2, as last amended by Chapter 234, Laws of Utah 2006

26 41-8-3, as last amended by Chapter 234, Laws of Utah 2006
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-8-2 is amended to read:
30 41-8-2. Operation of vehicle by persons under 17 during night hours prohibited
31 -- Exceptions.
32 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
33 person younger than 17 years of age, whether resident or nonresident of this state, may not
34 operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and
35 5:00 a.m.
36 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
37 operating a motor vehicle:
38 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
39 next to the driver;
40 (b) for the driver's employment, including the trip to and from the driver's residence
41 and the driver's employment;
42 (c) directly to the driver's residence from a religion-sponsored or school-sponsored
43 activity [if:];
44 [(i) transportation to the activity is provided by a school or school district; and]
45 [(ii) the transportation under Subsection (2)(c)(i) commences from and returns to the
46 school property where the driver is enrolled;]
47 (d) on assignment of a farmer or rancher and the driver is engaged in an agricultural
48 operation; [or]
49 (e) in [an] a medical emergency[.]; or
50 (f) in an emergency caused by a natural disaster.
51 (3) Enforcement of this section by state or local law enforcement officers shall be only
52 as a secondary action when an operator of a motor vehicle has been detained for a suspected
53 violation of Title 41, other than this section, or for another offense.
54 [(3)] (4) (a) In addition to any penalties imposed under Title 53, Chapter 3, Uniform
55 Driver License Act, a violation of this section is a class C misdemeanor.
56 (b) A peace officer may not seize or impound a vehicle if:

57 (i) the operator of the vehicle is cited for a violation of this section; and
58 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101 ,
59 41-6a-1405 , 41-6a-1608 , or 73-18-20.1 or required under Section 41-6a-527 .
60 Section 2. Section 41-8-3 is amended to read:
61 41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
62 limitations -- Exceptions -- Penalties.
63 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
64 person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
65 highway of this state with any passenger who is not an immediate family member of the driver
66 until the earlier of:
67 (a) six months from the date the person's driver license was issued; or
68 (b) the person reaches 18 years of age.
69 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
70 operating a motor vehicle:
71 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
72 next to the driver;
73 (b) for the driver's employment, including the trip to and from the driver's residence
74 and the driver's employment;
75 (c) with the written consent of the driver's and passenger's parent or guardian to and
76 from a school-sponsored or religion-sponsored activity and the driver's or passenger's
77 residence;
78 [(b)] (d) on assignment of a farmer or rancher and the driver is engaged in an
79 agricultural operation; [or]
80 [(c)] (e) in [an] a medical emergency[.]; or
81 (f) in an emergency caused by a natural disaster.
82 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
83 License Act, a violation of this section is a class C misdemeanor.
84 (4) (a) Enforcement of this section by state or local law enforcement officers shall be
85 only as a secondary action when an operator of a motor vehicle has been detained for a
86 suspected violation of Title 41, other than this section, or for another offense.
87 (b) A peace officer may not seize or impound a vehicle if:

88 (i) the operator of the vehicle is cited for a violation of this section; and
89 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101 ,
90 41-6a-1405 , 41-6a-1608 , or 73-18-20.1 or required under Section 41-6a-527 .