H.B. 248

1

REGULATING THE USE OF A WIRELESS
2 COMMUNICATION DEVICE WHILE
3 OPERATING A MOTOR VEHICLE
4 2009 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 using a
12 wireless communication device while operating a motor vehicle.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions;
16 . prohibits a person from using a wireless communication device while operating a
17 motor vehicle unless the wireless communication device is designed and configured
18 to allow for hands-free talking and listening and is used in that manner;
19 . provides exceptions to the wireless communication device prohibition;
20 . provides that it is a class C misdemeanor for violating the wireless communication
21 device prohibition; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 41-6a-1716, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-1716 is enacted to read:
33 41-6a-1716. Prohibition on using a wireless communication device while operating
34 a motor vehicle -- Exceptions -- Penalty.
35 (1) As used in this section:
36 (a) "Text messaging" has the same meaning as defined in Section 76-4-401 .
37 (b) (i) "Wireless communication device" means a device used for the transfer of
38 information without the use of electrical conductors or wires.
39 (ii) "Wireless communication device" includes a:
40 (A) wireless telephone;
41 (B) personal digital assistant;
42 (C) pager; or
43 (D) text messaging device.
44 (2) (a) Except as provided in Subsection (3), a person may not use a wireless
45 communication device while operating a motor vehicle upon a highway of this state unless the
46 wireless communication device:
47 (i) is specifically designed and configured to allow hands-free listening and talking;
48 and
49 (ii) is used in the manner described in Subsection (2)(a)(i).
50 (b) The use of a wireless communication device under this Subsection (2) includes the
51 use of a wireless communication device for text messaging or electronic mail communication.
52 (3) Subsection (2) does not prohibit a person from using a wireless communication
53 device while operating a motor vehicle:
54 (a) during an emergency;
55 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
56 or
57 (c) when reporting criminal activity or requesting assistance relating to a criminal
58 activity.

59 (4) A person who violates this section is guilty of a class C misdemeanor.




Legislative Review Note
as of 1-15-09 3:22 PM

Office of Legislative Research and General Counsel