First Substitute S.B. 48

Senator Karen Hale proposes to substitute the following bill:

1 PASSENGER LIMITATIONS FOR YOUNG
2 DRIVERS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Karen Hale
6 This act modifies the Motor Vehicle Code to provide passenger limitations for certain young
7 drivers. This act provides secondary enforcement of violations. This act takes effect July
8 1, 2001.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 41-8-3, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-8-3 is enacted to read:
14 41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
15 limitations -- Exceptions -- Penalties.
16 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
17 person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
18 highway of this state with any passenger who is not an immediate family member of the driver
19 until the earlier of:
20 (a) six months from the date the person's driver license was issued; or
21 (b) the person reaches 18 years of age.
22 (2) It is an affirmative defense to a charge under Subsection (1) that the person is operating
23 a motor vehicle:
24 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat next
25 to the driver;

26 (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
27 operation;
28 (c) with the written consent of the driver's parent or guardian to and from the driver's
29 school, own school-sponsored activity, or religion-sponsored activity and the driver's residence;
30 or
31 (d) in an emergency.
32 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver License
33 Act, a violation of this section is a class C misdemeanor.
34 (4) Enforcement of this section by state or local law enforcement officers shall be only as
35 a secondary action when an operator of a motor vehicle has been detained for a suspected violation
36 of Title 41, other than this section, or for another offense.
37 Section 2. Effective date.
38 This act takes effect on July 1, 2001.