H.B. 182

1

REGULATING HANDS-FREE WIRELESS
2 TELEPHONE USE WHILE OPERATING A
3 MOTOR VEHICLE
4 2007 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Carol Spackman Moss
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Motor Vehicles Code by amending provisions relating to wireless
12 telephone use while operating a motor vehicle.
13 Highlighted Provisions:
14 This bill:
15 . prohibits a person from using a wireless telephone while operating a motor vehicle
16 unless:
17 . the telephone is designed and configured for hands-free talking and
18 listening; and
19 . the hands-free talking and listening features are used while operating the
20 motor vehicle;
21 . provides exceptions to the hands-free wireless telephone use restriction;
22 . provides that it is an infraction to violate the hands-free wireless telephone use
23 requirement;
24 . provides that a violation is a reportable violation and requires the Driver License
25 Division to assess points against a person's driving record for being convicted of
26 violating the hands-free wireless telephone use requirement; and
27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 ENACTS:
34 41-6a-1715, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 41-6a-1715 is enacted to read:
38 41-6a-1715. Operation of vehicle while using wireless telephone restrictions --
39 Exceptions -- Penalty.
40 (1) A person may not use a wireless telephone while operating a motor vehicle unless:
41 (a) the telephone is specifically designed and configured to allow hands-free listening
42 and talking; and
43 (b) the person is using the hands-free listening and talking features while operating the
44 motor vehicle.
45 (2) Subsection (1) does not apply to a person using a wireless telephone while
46 operating a motor vehicle:
47 (a) during a medical emergency;
48 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
49 (c) when reporting a criminal activity or requesting assistance relating to a criminal
50 activity;
51 (d) when the motor vehicle is an authorized emergency vehicle, as defined in Section
52 41-6a-102 ;
53 (e) (i) if the wireless telephone is a two-way radio that operates by depressing a
54 push-to-talk feature that does not require immediate proximity to the ear of the user; and
55 (ii) the motor vehicle is a commercial motor vehicle, as defined in Section 53-3-102 ; or
56 (f) on private property.
57 (3) A person who violates a provision of this section is guilty of an infraction.
58 (4) (a) A violation of this section is a reportable violation as defined under Section

59 53-3-102 .
60 (b) Upon receiving a record of a conviction under this section, the Driver License
61 Division shall assess points against the driving record of the person convicted in accordance
62 with Section 53-3-221 .




Legislative Review Note
as of 1-24-07 8:51 AM

Office of Legislative Research and General Counsel