<?xml version="1.0" encoding="ISO-8859-1"?><chapter number="41-8"><catchline>Driving by Minors</catchline><section number="41-8-1"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Operation of vehicle by persons under 16 prohibited -- Exceptions for off-highway vehicles and off-highway implements of husbandry.</catchline><subsection number="41-8-1(1)">
A person under 16 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state.</subsection><subsection number="41-8-1(2)">
This section does not apply to a person operating:
<subsection number="41-8-1(2)(a)">
a motor vehicle under a permit issued under Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref>;</subsection><subsection number="41-8-1(2)(b)">
an off-highway vehicle registered under Section <xref depth="3" refnumber="41-22-3" start="0">41-22-3</xref> either:<subsection number="41-8-1(2)(b)(i)">
on a highway designated as open for off-highway vehicle use; or</subsection><subsection number="41-8-1(2)(b)(ii)">
in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-10.3(1)" start="0">41-22-10.3(1)</xref> through <xref depth="4" refnumber="41-22-10.3(3)" start="0">(3)</xref>; or</subsection></subsection><subsection number="41-8-1(2)(c)">
an off-highway implement of husbandry in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-5.5(3)" start="0">41-22-5.5(3)</xref> through <xref depth="4" refnumber="41-22-5.5(5)" start="0">(5)</xref>.</subsection></subsection><subsection number="41-8-1(3)">
A violation of this section is an infraction.</subsection></section><section number="41-8-2"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Operation of vehicle by persons under 17 during night hours prohibited -- Exceptions.</catchline><subsection number="41-8-2(1)">
In addition to the provisions of <xref depth="1" refnumber="53-3" start="0">Title 53, Chapter 3, Uniform Driver License Act</xref>, a person younger than 17 years of age, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and 5:00 a.m.</subsection><subsection number="41-8-2(2)">
It is an affirmative defense to a charge under Subsection <xref depth="4" refnumber="41-8-2(1)" start="0">(1)</xref> that the person is operating a motor vehicle:
<subsection number="41-8-2(2)(a)">
accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver;</subsection><subsection number="41-8-2(2)(b)">
for the driver's employment, including the trip to and from the driver's residence and the driver's employment;</subsection><subsection number="41-8-2(2)(c)">
directly to the driver's residence from a school-sponsored activity if:<subsection number="41-8-2(2)(c)(i)">
transportation to the activity is provided by a school or school district; and</subsection><subsection number="41-8-2(2)(c)(ii)">
the transportation under Subsection <xref depth="4" refnumber="41-8-2(2)(c)(i)" start="0">(2)(c)(i)</xref> commences from and returns to the school property where the driver is enrolled;</subsection></subsection><subsection number="41-8-2(2)(d)">
on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or</subsection><subsection number="41-8-2(2)(e)">
in an emergency.</subsection></subsection><subsection number="41-8-2(3)"><subsection number="41-8-2(3)(a)">
In addition to any penalties imposed under <xref depth="1" refnumber="53-3" start="0">Title 53, Chapter 3, Uniform Driver License Act</xref>, a violation of this section is an infraction.</subsection><subsection number="41-8-2(3)(b)">
A peace officer may not seize or impound a vehicle if:<subsection number="41-8-2(3)(b)(i)">
the operator of the vehicle is cited for a violation of this section; and</subsection><subsection number="41-8-2(3)(b)(ii)">
the seizure or impoundment is not otherwise authorized under Section <xref depth="3" refnumber="41-1a-1101" start="0">41-1a-1101</xref>, <xref depth="3" refnumber="41-6a-1405" start="0">41-6a-1405</xref>, <xref depth="3" refnumber="41-6a-1608" start="0">41-6a-1608</xref>, or <xref depth="3" refnumber="73-18-20.1" start="0">73-18-20.1</xref> or required under Section <xref depth="3" refnumber="41-6a-527" start="0">41-6a-527</xref>.</subsection></subsection></subsection></section><section number="41-8-3"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Operation of vehicle by persons under 16 and six months -- Passenger limitations -- Exceptions -- Penalties.</catchline><subsection number="41-8-3(1)">
In addition to the provisions of <xref depth="1" refnumber="53-3" start="0">Title 53, Chapter 3, Uniform Driver License Act</xref>, a person, whether resident or nonresident of this state, may not operate a motor vehicle upon any highway of this state with any passenger who is not an immediate family member of the driver until the earlier of:
<subsection number="41-8-3(1)(a)">
six months from the date the person's driver license was issued; or</subsection><subsection number="41-8-3(1)(b)">
the person reaches 18 years of age.</subsection></subsection><subsection number="41-8-3(2)">
It is an affirmative defense to a charge under Subsection <xref depth="4" refnumber="41-8-3(1)" start="0">(1)</xref> that the person is operating a motor vehicle:
<subsection number="41-8-3(2)(a)">
accompanied by a licensed driver at least 21 years of age who is occupying a seat next to the driver;</subsection><subsection number="41-8-3(2)(b)">
on assignment of a farmer or rancher and the driver is engaged in an agricultural operation; or</subsection><subsection number="41-8-3(2)(c)">
in an emergency.</subsection></subsection><subsection number="41-8-3(3)">
In addition to any penalties imposed under <xref depth="1" refnumber="53-3" start="0">Title 53, Chapter 3, Uniform Driver License Act</xref>, a violation of this section is an infraction.</subsection><subsection number="41-8-3(4)"><subsection number="41-8-3(4)(a)">
Enforcement of this section by state or local law enforcement officers shall be only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of <xref depth="0" refnumber="41" start="0">Title 41, Motor Vehicles</xref>, other than this section, or for another offense.</subsection><subsection number="41-8-3(4)(b)">
A peace officer may not seize or impound a vehicle if:<subsection number="41-8-3(4)(b)(i)">
the operator of the vehicle is cited for a violation of this section; and</subsection><subsection number="41-8-3(4)(b)(ii)">
the seizure or impoundment is not otherwise authorized under Section <xref depth="3" refnumber="41-1a-1101" start="0">41-1a-1101</xref>, <xref depth="3" refnumber="41-6a-1405" start="0">41-6a-1405</xref>, <xref depth="3" refnumber="41-6a-1608" start="0">41-6a-1608</xref>, or <xref depth="3" refnumber="73-18-20.1" start="0">73-18-20.1</xref> or required under Section <xref depth="3" refnumber="41-6a-527" start="0">41-6a-527</xref>.</subsection></subsection></subsection></section><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></chapter>
