Title 41 Chapter 6a Part 17 Section 1716

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Index	Utah Code
Title 41	Motor Vehicles
Chapter 6a	Traffic Code
Part 17	Miscellaneous Rules
Section 1716	Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties. *(Effective 5/4/2022)*

Effective 5/4/2022
41-6a-1716. Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties.

(1)

As used in this section:

(a)

"Wireless communication device" means:

(i)	a cellular phone;

(ii)	a portable telephone;

(iii)

a text messaging device;

(iv)	a personal digital assistant;

(v)	a stand-alone computer, including a tablet, laptop, or notebook computer;

(vi)	a global positioning receiver;

(vii)

a device used to display a video, movie, broadcast television image, or visual image; or

(viii)

a substantially similar communication device used to initiate or receive communication, information, or data.

(b)	"Wireless communication device" does not include a two-way radio device described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent.

(2)

Except as provided in Subsection (3), an individual may not use a wireless communication device while operating a moving motor vehicle on a highway in this state to manually:

(a)

(i)

write or send a written communication, including:

(A)	a text message;

(B)	an instant message; or

(C)	electronic mail;

(ii)	dial a phone number;

(iii)

access the internet;

(iv)	record video;

(v)	take a photograph; or

(vi)	enter data into a wireless communication device;

(b)

read a written communication, including:

(i)	a text message;

(ii)	an instant message; or

(iii)

electronic mail; or

(c)	view a video or photograph.

(3)

Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle:

(a)	when using a wireless communication device for voice communication;

(b)	to view a global positioning or navigation device or a global positioning or navigation application;

(c)	during a medical emergency;

(d)	when reporting a safety hazard or requesting assistance relating to a safety hazard;

(e)	when reporting criminal activity or requesting assistance relating to a criminal activity;

(f)	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; or

(g)

to operate:

(i)	hands-free or voice operated technology; or

(ii)	a system that is physically or electronically integrated into the motor vehicle.

(4)

An individual convicted of a violation of this section is guilty of a:

(a)	class C misdemeanor with a maximum fine of $100; or

(b)

class B misdemeanor if the individual:

(i)	has also inflicted serious bodily injury upon another as a proximate result of using a wireless communication device in violation of this section 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.

Amended by Chapter 426, 2022 General Session

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