H.B. 95

1

RESTRICTIONS ON USE OF WIRELESS
2 COMMUNICATION DEVICES IN VEHICLES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Phil Riesen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to using a
11 wireless communication device while operating a motor vehicle.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . prohibits a person from using a wireless communication device while operating a
16 motor vehicle on a highway in this state;
17 . provides exceptions to the wireless communication device prohibition; and
18 . provides that it is a class C misdemeanor for violating the wireless communication
19 device prohibition.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 41-6a-1716, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1716 is enacted to read:
30 41-6a-1716. Prohibition on using a wireless communication device while operating
31 a motor vehicle -- Penalty.
32 (1) As used in this section:
33 (a) "Text messaging" has the same meaning as defined in Section 76-4-401 .
34 (b) (i) "Wireless communication device" means a device used for the transfer of
35 information without the use of electrical conductors or wires.
36 (ii) "Wireless communication device" includes a:
37 (A) wireless telephone;
38 (B) two-way radio;
39 (C) personal digital assistant;
40 (D) pager; or
41 (E) text messaging device.
42 (2) (a) A person may not use a wireless communication device while operating a motor
43 vehicle on a highway in this state.
44 (b) Use of a wireless communication device under Subsection (2)(a) includes use of the
45 wireless communication device for text messaging communication.
46 (3) Subsection (2) does not prohibit a person from using a wireless communication
47 device while operating a motor vehicle:
48 (a) during an emergency;
49 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
50 or
51 (c) when reporting criminal activity or requesting assistance relating to criminal
52 activity.
53 (4) A person who violates this section is guilty of a class C misdemeanor.




Legislative Review Note
as of 1-8-09 2:45 PM

Office of Legislative Research and General Counsel