<?xml version="1.0" encoding="ISO-8859-1"?><section number="41-8-4"><histories><history>Enacted by Chapter <modchap sess="2013GS">326</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Operation of a vehicle by a person under 18 -- Use of wireless telephones prohibited -- Exceptions -- Penalty.</catchline><subsection number="41-8-4(1)">
Except as provided in Subsection <xref depth="4" refid="C41-8-S4_1800010118000101" refnumber="41-8-4(2)" start="0">(2)</xref>, a person younger than 18 years of age, whether a resident or nonresident of this state, may not use a wireless telephone to communicate with another person while operating a motor vehicle upon a highway of this state.</subsection><subsection number="41-8-4(2)">
It is an affirmative defense to a violation of this section that a person younger than 18 years of age was using a wireless telephone while operating a motor vehicle:
<subsection number="41-8-4(2)(a)">
during a medical emergency;</subsection><subsection number="41-8-4(2)(b)">
when reporting a safety hazard or requesting assistance relating to a safety hazard;</subsection><subsection number="41-8-4(2)(c)">
when reporting a criminal activity or requesting assistance relating to a criminal activity; or</subsection><subsection number="41-8-4(2)(d)">
when communicating with a parent or legal guardian.</subsection></subsection><subsection number="41-8-4(3)">
A person who violates this section is guilty of an infraction and shall be fined a maximum of $25.</subsection><subsection number="41-8-4(4)"><subsection number="41-8-4(4)(a)">
A violation of this section is not a reportable violation.</subsection><subsection number="41-8-4(4)(b)">
The Driver License Division may not assess points under Section <xref depth="3" refid="C53-3-S221_1800010118000101" refnumber="53-3-221" start="0">53-3-221</xref> against the driving record of the person who violates this section.</subsection></subsection></section>
