H.B. 237

1

RESTRICTIONS ON USE OF WIRELESS
2 TELEPHONES IN VEHICLES BY MINORS
3 2010 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 driving
11 by a person younger than 18 years of age.
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 penalties for violating the wireless telephone prohibition;
18 . provides that a violation is a reportable violation; and
19 . requires the Driver License Division to assess points against a person's driving
20 record for being convicted of violating the wireless telephone prohibition.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 41-8-4, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-8-4 is enacted to read:
31 41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
32 prohibited -- Exceptions -- Penalty.
33 (1) Except as provided in Subsection (2), a person younger than 18 years of age,
34 whether a resident or nonresident of this state, may not use a wireless telephone while
35 operating a motor vehicle upon a highway of this state.
36 (2) Subsection (1) does not prohibit a person younger than 18 years of age from using a
37 wireless telephone while operating a motor vehicle:
38 (a) during a medical emergency;
39 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
40 or
41 (c) when reporting a criminal activity or requesting assistance relating to a criminal
42 activity.
43 (3) (a) Except as provided in Subsection (3)(b), a person who violates this section is
44 guilty of an infraction.
45 (b) A person who violates this section is guilty of a class C misdemeanor if:
46 (i) the person is involved in a motor vehicle accident; and
47 (ii) the motor vehicle accident described in Subsection (3)(b)(i) is a proximate result of
48 the person's negligent operation of the motor vehicle due to a violation of this section.
49 (4) (a) A violation of this section is a reportable violation as defined under Section
50 53-3-102 .
51 (b) Upon receiving a record of conviction under this section, the Driver License
52 Division shall assess points against the driving record of the person convicted in accordance
53 with Section 53-3-221 .




Legislative Review Note
as of 1-21-10 3:53 PM

Office of Legislative Research and General Counsel