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Motor Vehicles | |
Traffic Code | |
Section 1716 | Prohibition on using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle -- Penalties. |
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41-6a-1716. Prohibition on using a handheld wireless communication device for
text messaging communication while operating a moving motor vehicle -- Penalties. (1) As used in this section: (a) (i) "Handheld wireless communication device" means a handheld device used for the transfer of information without the use of electrical conductors or wires. (ii) "Handheld wireless communication device" includes a: (A) wireless telephone; (B) personal digital assistant; (C) pager; or (D) text messaging device. (b) "Text messaging" has the same meaning as defined in Section 76-4-401. (2) Except as provided in Subsection (3), a person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state. (3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle: (a) during a medical emergency; (b) when reporting a safety hazard or requesting assistance relating to a safety hazard; (c) when reporting criminal activity or requesting assistance relating to a criminal activity; (d) when providing roadside or medical assistance; or (e) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment. (4) A person convicted of a violation of this section is guilty of a: (a) class C misdemeanor; or (b) class B misdemeanor if the person: (i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state; or (ii) has a prior conviction under this section, that is within three years of: (A) the current conviction under this section; or (B) the commission of the offense upon which the current conviction is based.
Enacted by Chapter 291, 2009 General Session |
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