H.B. 281

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 5, 2009 at 2:05 PM by ddonat. --> 1

WIRELESS COMMUNICATION DEVICE USE
2 LIMITATIONS WHILE OPERATING A MOTOR
3 VEHICLE
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Paul Ray
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Motor Vehicles Code by amending provisions relating to the use
12 of a wireless communication device while operating a motor vehicle.
13 Highlighted Provisions:
14 This bill:
15 . prohibits a person from using a wireless communication device for text messaging
16 or electronic mail communication while operating a H. moving .H motor vehicle on a
16a highway in
17 this state;
18 . prohibits a person from using a wireless communication device while operating a
19 H. moving .H motor vehicle in a reduced speed school zone or a public parking lot unless the
20 wireless communication device is designed and configured to allow for hands-free
21 talking and listening and is used in that manner;
22 . prohibits a person younger than 18 years of age from using a wireless
23 communication device while operating a H. moving .H motor vehicle on a highway in this state;
24 . provides exceptions to the wireless communication device prohibitions;
25 . provides that it is an infraction for violating a wireless communication device
26 prohibition; and

27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 ENACTS:
34 41-6a-1716, Utah Code Annotated 1953
35 41-8-4, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-1716 is enacted to read:
39 41-6a-1716. Restrictions on using a wireless communication device while
40 operating a H. moving .H motor vehicle -- Exceptions -- Penalty.
41 (1) As used in this section:
42 (a) "Text messaging" has the same meaning as defined in Section 76-4-401 .
43 (b) (i) "Wireless communication device" means a device used for the transfer of
44 information without the use of electrical conductors or wires.
45 (ii) "Wireless communication device" includes a:
46 (A) wireless telephone;
47 (B) personal digital assistant;
48 (C) pager; or
49 (D) text messaging device.
50 (2) Except as provided in Subsection (4), a person may not use a wireless
51 communication device for text messaging or electronic mail communication while operating a
52 H. moving .H motor vehicle on a highway in this state.
53 (3) (a) Except as provided in Subsection (4), a person may not use a wireless
54 communication device while operating a H. moving .H motor vehicle within a reduced
54a speed school zone as
55 defined in Section 41-6a-303 or in a public parking lot unless the wireless communication
56 device:
57 (i) is specifically designed and configured to allow hands-free listening and talking;
58 and

59 (ii) is used in the manner described in Subsection (3)(a).
60 (b) The use of a wireless communication device under Subsection (3)(a) includes the
61 use of a wireless communication device for text messaging or electronic mail communication.
62 (4) Subsections (2) and (3) do not prohibit a person from using a wireless
63 communication device while operating a motor vehicle:
64 (a) during a medical emergency:
65 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
66 (c) when reporting criminal activity or requesting assistance relating to a criminal
67 activity; or
68 (d) when used by a law enforcement officer or emergency service personnel acting
69 within the course and scope of their employment.
70 (5) A person who violates this section is guilty of an infraction.
71 Section 2. Section 41-8-4 is enacted to read:
72 41-8-4. Definitions -- Operation of vehicle by person under 18 -- Use of wireless
73 communication device prohibited -- Exceptions -- Penalties.
74 (1) As used in this section:
75 (a) "Text messaging" has the same meaning as defined in Section 76-4-401 .
76 (b) "Wireless communication device" has the same meaning as defined in Section
77 41-6a-1716 .
78 (2) (a) Except as provided in Subsection (3), a person younger than 18 years of age,
79 whether a resident or nonresident of this state, may not use a wireless communication device
80 while operating a H. moving .H motor vehicle upon a highway of this state.
81 (b) The use of a wireless communication device under Subsection (2)(a) includes the
82 use of a wireless communication device for text messaging or electronic mail communication.
83 (3) Subsection (2) does not prohibit a person younger than 18 years of age from using a
84 wireless communication device while operating a motor vehicle:
85 (a) during a medical emergency;
86 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
87 or
88 (c) when reporting a criminal activity or requesting assistance relating to a criminal
89 activity.

90 (4) A person who violates this section is guilty of an infraction.
91 (5) (a) A violation of this section is a reportable violation as defined in Section
92 53-3-102 .
93 (b) Upon receiving a record of conviction under this section, the Driver License
94 Division shall assess points against the driving record of the person convicted in accordance
95 with Section 53-3-221 .




Legislative Review Note
as of 1-12-09 7:03 AM

Office of Legislative Research and General Counsel