S.B. 118

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Senate 3rd Reading Amendments 2-15-2006 rd/sch

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Senate 2nd Reading Amendments 1-31-2006 rd/sch This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Jan 31, 2006 at 11:53 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 15, 2006 at 4:28 PM by rday. --> 1

DRIVING BY MINORS AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen Hale
5 House Sponsor: Ronda Rudd Menlove
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions related to driving
10 by minors.
11 Highlighted Provisions:
12 This bill:
13 . repeals an affirmative defense to the prohibition against a person younger than 17
14 years of age from operating a motor vehicle on a highway between the hours of
15 12:00 am and 5:00 am;
15a S. . provides that a person younger than 17 years of age may operate a motor vehicle on a
15b highway between the hours of 12:00 am and 5:00 am directly to the driver's residence from a
15c school-sponsored activity if transportation to the activity is provided by a school or a school
15d district and the transportation commences and returns to the school property where the driver
15e is enrolled; .S
16 . repeals an affirmative defense to the prohibition against certain persons driving with
17 a passenger in the vehicle who is not an immediate family member of the driver;
17a S. . prohibits a peace officer from seizing or impounding a vehicle in certain circumstances; .S
18 and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 41-8-2, as enacted by Chapter 28, Laws of Utah 1999
27 41-8-3, as enacted by Chapter 98, Laws of Utah 2001

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Senate 3rd Reading Amendments 2-15-2006 rd/sch

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Senate 2nd Reading Amendments 1-31-2006 rd/sch 28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-8-2 is amended to read:
31 41-8-2. Operation of vehicle by persons under 17 during night hours prohibited
32 -- Exceptions.
33 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
34 person younger than 17 years of age, whether resident or nonresident of this state, may not
35 operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and
36 5:00 a.m.
37 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
38 operating a motor vehicle:
39 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
40 next to the driver;
41 (b) for the driver's employment, including the trip to and from the driver's residence
42 and the driver's employment;
43 [(c) to and from the driver's religion-sponsored activity or own school-sponsored
44 activity and the driver's residence;] S. (c) directly to the driver's residence from a
44a school-sponsored activity if:
44b (i) transportation to the activity is provided by a school or school district; and
44c (ii) the transportation under Subsection (2)(c)(i) commences from and returns to the
44d school property where the driver is enrolled. .S
45 [(d)] S. [ (c) ] (d) .S on assignment of a farmer or rancher and the driver is engaged in an
46 agricultural operation; or
47 [(e)] S. [ (d) ] (e) .S in an emergency.
48 (3) S. (a) .S In addition to any penalties imposed under Title 53, Chapter 3, Uniform
48a Driver
49 License Act, a violation of this section is a class C misdemeanor.
49a S. (b) A peace officer may not seize or impound a vehicle if:
49b (i) the operator of the vehicle is cited for a violation of this section; and
49c (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101,
49d 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527. .S
50 Section 2. Section 41-8-3 is amended to read:
51 41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
52 limitations -- Exceptions -- Penalties.
53 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a

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person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
55 highway of this state with any passenger who is not an immediate family member of the driver
56 until the earlier of:
57 (a) six months from the date the person's driver license was issued; or
58 (b) the person reaches 18 years of age.

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Senate 3rd Reading Amendments 2-15-2006 rd/sch 59

(2) It is an affirmative defense to a charge under Subsection (1) that the person is
60 operating a motor vehicle:
61 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
62 next to the driver;
63 (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
64 operation; or
65 [(c) with the written consent of the driver's parent or guardian to and from the driver's
66 school, own school-sponsored activity, or religion-sponsored activity and the driver's residence;
67 or]
68 [(d)] (c) in an emergency.
69 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
70 License Act, a violation of this section is a class C misdemeanor.
71 (4) S. (a) .S Enforcement of this section by state or local law enforcement officers shall
71a be only
72 as a secondary action when an operator of a motor vehicle has been detained for a suspected
73 violation of Title 41, other than this section, or for another offense.
73a S. (b) A peace officer may not seize or impound a vehicle if:
73b (i) the operator of the vehicle is cited for a violation this section; and
73c (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101,
73d 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527. .S

Legislative Review Note
as of 12-20-05 12:37 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel