H.B. 258

1

PROHIBITING CELL PHONE USE FOR NEW
2 DRIVERS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carol Spackman Moss
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending driving by minors provisions.
10 Highlighted Provisions:
11 This bill:
12 . prohibits a person younger than 17 years of age from operating a motor vehicle on a
13 highway while using a wireless telephone with exceptions;
14 . permits a person younger than 17 years of age to use a wireless telephone:
15 . during a medical emergency;
16 . to report a safety hazard or criminal activity; or
17 . to request assistance related to a safety hazard or criminal activity; and
18 . provides that a violation is an infraction and that points shall be assessed against the
19 person's driving record.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 41-8-4, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-8-4 is enacted to read:
30 41-8-4. Use of wireless telephones by persons under 17 in vehicle prohibited --
31 Exceptions -- Penalties.
32 (1) Except as provided under Subsection (2), a person younger than 17 years of age,
33 whether a resident or nonresident of this state, may not operate a motor vehicle on a highway
34 while the person is using a wireless telephone.
35 (2) Subsection (1) does not apply to a person younger than 17 years of age using a
36 wireless telephone:
37 (a) during a medical emergency;
38 (b) to report a safety hazard or criminal activity; or
39 (c) to request assistance related to a safety hazard or criminal activity.
40 (3) A person who violates this section is guilty of an infraction.
41 (4) (a) A violation of this section is a reportable violation as defined under Section
42 53-3-102 .
43 (b) Upon receiving a record of a conviction under this section, the Driver License
44 Division shall assess points against the driving record of the person convicted in accordance
45 with Section 53-3-221 .




Legislative Review Note
as of 1-28-04 12:12 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel