S.B. 118

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 . 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;
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

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;]
45 [(d)] (c) on assignment of a farmer or rancher and the driver is engaged in an
46 agricultural operation; or
47 [(e)] (d) in an emergency.
48 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
49 License Act, a violation of this section is a class C misdemeanor.
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
54 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.

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) Enforcement of this section by state or local law enforcement officers shall 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.




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