S.B. 118 Enrolled

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;
16 . provides that a person younger than 17 years of age may operate a motor vehicle on
17 a highway between the hours of 12:00 am and 5:00 am directly to the driver's
18 residence from a school-sponsored activity if transportation to the activity is
19 provided by a school or a school district and the transportation commences and
20 returns to the school property where the driver is enrolled;
21 . repeals an affirmative defense to the prohibition against certain persons driving with
22 a passenger in the vehicle who is not an immediate family member of the driver;
23 . prohibits a peace officer from seizing or impounding a vehicle in certain
24 circumstances; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None

30 Utah Code Sections Affected:
31 AMENDS:
32 41-8-2, as enacted by Chapter 28, Laws of Utah 1999
33 41-8-3, as enacted by Chapter 98, Laws of Utah 2001
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-8-2 is amended to read:
37 41-8-2. Operation of vehicle by persons under 17 during night hours prohibited
38 -- Exceptions.
39 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
40 person younger than 17 years of age, whether resident or nonresident of this state, may not
41 operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and
42 5:00 a.m.
43 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
44 operating a motor vehicle:
45 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
46 next to the driver;
47 (b) for the driver's employment, including the trip to and from the driver's residence
48 and the driver's employment;
49 [(c) to and from the driver's religion-sponsored activity or own school-sponsored
50 activity and the driver's residence;]
51 (c) directly to the driver's residence from a school-sponsored activity if:
52 (i) transportation to the activity is provided by a school or school district; and
53 (ii) the transportation under Subsection (2)(c)(i) commences from and returns to the
54 school property where the driver is enrolled;
55 (d) on assignment of a farmer or rancher and the driver is engaged in an agricultural
56 operation; or
57 (e) in an emergency.

58 (3) (a) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
59 License Act, a violation of this section is a class C misdemeanor.
60 (b) A peace officer may not seize or impound a vehicle if:
61 (i) the operator of the vehicle is cited for a violation of this section; and
62 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101 ,
63 41-6a-1405 , 41-6a-1608 , or 73-18-20.1 or required under Section 41-6a-527 .
64 Section 2. Section 41-8-3 is amended to read:
65 41-8-3. Operation of vehicle by persons under 16 and six months -- Passenger
66 limitations -- Exceptions -- Penalties.
67 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
68 person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
69 highway of this state with any passenger who is not an immediate family member of the driver
70 until the earlier of:
71 (a) six months from the date the person's driver license was issued; or
72 (b) the person reaches 18 years of age.
73 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
74 operating a motor vehicle:
75 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
76 next to the driver;
77 (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
78 operation; or
79 [(c) with the written consent of the driver's parent or guardian to and from the driver's
80 school, own school-sponsored activity, or religion-sponsored activity and the driver's residence;
81 or]
82 [(d)] (c) in an emergency.
83 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
84 License Act, a violation of this section is a class C misdemeanor.
85 (4) (a) Enforcement of this section by state or local law enforcement officers shall be

86 only as a secondary action when an operator of a motor vehicle has been detained for a
87 suspected violation of Title 41, other than this section, or for another offense.
88 (b) A peace officer may not seize or impound a vehicle if:
89 (i) the operator of the vehicle is cited for a violation of this section; and
90 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101 ,
91 41-6a-1405 , 41-6a-1608 , or 73-18-20.1 or required under Section 41-6a-527 .