5/4/2022Amended by Chapter 426, 2022 General Session2022Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties. As used in this section: "Wireless communication device" means: a cellular phone; a portable telephone; a text messaging device; a personal digital assistant; a stand-alone computer, including a tablet, laptop, or notebook computer; a global positioning receiver; a device used to display a video, movie, broadcast television image, or visual image; or a substantially similar communication device used to initiate or receive communication, information, or data. "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. 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: write or send a written communication, including: a text message; an instant message; or electronic mail; dial a phone number; access the internet; record video; take a photograph; or enter data into a wireless communication device; read a written communication, including: a text message; an instant message; or electronic mail; or view a video or photograph. Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle: when using a wireless communication device for voice communication; to view a global positioning or navigation device or a global positioning or navigation application; during a medical emergency; when reporting a safety hazard or requesting assistance relating to a safety hazard; when reporting criminal activity or requesting assistance relating to a criminal activity; 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 to operate: hands-free or voice operated technology; or a system that is physically or electronically integrated into the motor vehicle. An individual convicted of a violation of this section is guilty of a: class C misdemeanor with a maximum fine of $100; or class B misdemeanor if the individual: 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 has a prior conviction under this section, that is within three years of: the current conviction under this section; or the commission of the offense upon which the current conviction is based.