This document includes House Committee Amendments incorporated into the bill on Mon, Feb 9, 2015 at 12:02 PM by lerror.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to using a handheld
10 wireless communication device while operating a moving motor vehicle.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides and amends definitions;
14 ▸ amends the list of activities taking place within a vehicle during a moving traffic
15 violation that constitute careless driving;
16 ▸ amends the prohibitions on using a handheld wireless communication device while
17 operating a moving motor vehicle;
18 ▸ amends the exceptions to the prohibition on using a handheld wireless
19 communication device while operating a moving motor vehicle;
20 ▸ amends the penalties for violating the prohibition on using a handheld wireless
21 communication device while operating a moving motor vehicle; and
22 ▸ makes technical corrections.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 41-6a-1715, as last amended by Laws of Utah 2014, Chapter 416
30 41-6a-1716, as last amended by Laws of Utah 2014, Chapter 416
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-1715 is amended to read:
34 41-6a-1715. Careless driving defined and prohibited.
34a Ĥ→ (1) As used in this section, "hands-free talking and listening features":
34b (a) means technology that enables the use of a wireless telephone or other electronic
34c device without use of either hand by employing an internal feature of, or an attachment to, the
34d device; and
34e (b) includes technology that requires the use of either hand to activate, deactivate, or
34f initiate a function of the wireless telephone or other electronic device.
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36 (a) commits two or more moving traffic violations under this chapter in a series of acts
37 within a single continuous period of driving covering three miles or less in total distance; or
38 (b) commits a moving traffic violation under this chapter other than a moving traffic
39 violation under Part 6, Speed Restrictions, while being Ĥ→ [
39a more
40 activities taking place within the vehicle that are not related to the operation of a motor vehicle,
41 including:
42 (i) Ĥ→ [
42a person is using
43 hands-free talking and listening features while operating the motor vehicle;
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46 Ĥ→ [
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47a a judge
48 may order the revocation of the convicted person's driver license if the violation causes or
49 results in the death of another person in accordance with Subsection 53-3-218(6).
50 Section 2. Section 41-6a-1716 is amended to read:
51 41-6a-1716. Prohibition on using a handheld wireless communication device
52 while operating a moving motor vehicle -- Exceptions -- Penalties.
53 (1) As used in this section[
54 handheld, portable device used for the wireless transfer of information [
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62 (2) Except as provided in Subsection (3), a person may not use a handheld wireless
63 communication device while operating a moving motor vehicle on a highway in this state to
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67 (a) compose, send, or view a text, video, or electronic mail message;
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74 (3) Subsection (2) does not prohibit a person from using a handheld wireless
75 communication device while operating a moving motor vehicle:
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79 (a) when making or receiving a telephone call or sending or receiving a voice message;
80 (b) when using a handheld wireless communication device for global positioning or
81 navigation services;
82 (c) when using a handheld wireless communication device to listen to music, including
83 using a music application that accesses the Internet;
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86 hazard;
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88 activity;
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90 exigent circumstances, acting within the course and scope of the law enforcement officer's or
91 emergency service personnel's employment; or
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93 (i) hands-free or voice operated technology; or
94 (ii) a system that is physically or electronically integrated into the motor vehicle.
95 (4) A person convicted of a violation of this section is guilty of a:
96 (a) class C misdemeanor [
97 (b) class [
98 upon another as a proximate result of using a handheld wireless communication device in
99 violation of this section while operating a moving motor vehicle on a highway in this state[
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