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S.B. 48 Enrolled





Sponsor: Karen Hale

                  This act modifies the Motor Vehicle Code to provide passenger limitations for certain young
                  drivers. This act provides secondary enforcement of violations. This act takes effect July
                  1, 2001.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      41-8-3, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 41-8-3 is enacted to read:
                      41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
                  limitations -- Exceptions -- Penalties.
                      (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, 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:
                      (a) six months from the date the person's driver license was issued; or
                      (b) the person reaches 18 years of age.
                      (2) It is an affirmative defense to a charge under Subsection (1) that the person is operating
                  a motor vehicle:
                      (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat next
                  to the driver;
                      (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
                      (c) with the written consent of the driver's parent or guardian to and from the driver's
                  school, own school-sponsored activity, or religion-sponsored activity and the driver's residence;

                      (d) in an emergency.
                      (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License
                  Act, a violation of this section is a class C misdemeanor.
                      (4) 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 Title 41, other than this section, or for another offense.
                      Section 2. Effective date.
                      This act takes effect on July 1, 2001.

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