Second Substitute H.B. 95

Representative Phil Riesen proposes the following substitute bill:

1 RESTRICTIONS ON USE OF WIRELESS
2 COMMUNICATION DEVICES IN VEHICLES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Phil Riesen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to using a
11 wireless communication device while operating a moving motor vehicle.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . prohibits a person from using a wireless communication device while operating a
16 moving motor vehicle on a highway in this state;
17 . provides exceptions to the wireless communication device prohibition;
18 . provides that it is a class C misdemeanor for violating the wireless communication
19 device prohibition; and
20 . provides that enforcement for a violation of the prohibition on using a wireless
21 communication device while operating a moving motor vehicle shall only be as a
22 secondary action when the vehicle has been detained for a suspected violation of
23 certain offenses.
24 Monies Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 41-6a-1716, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-1716 is enacted to read:
34 41-6a-1716. Prohibition on using a wireless communication device while operating
35 a moving motor vehicle -- Penalty.
36 (1) As used in this section:
37 (a) "Text messaging" has the same meaning as defined in Section 76-4-401 .
38 (b) (i) "Wireless communication device" means a device used for the transfer of
39 information without the use of electrical conductors or wires.
40 (ii) "Wireless communication device" is limited to a:
41 (A) wireless telephone;
42 (B) personal digital assistant;
43 (C) pager; or
44 (D) text messaging device.
45 (2) (a) A person may not use a wireless communication device while operating a
46 moving motor vehicle on a highway in this state.
47 (b) Use of a wireless communication device under Subsection (2)(a) includes use of the
48 wireless communication device for text messaging or electronic mail communication.
49 (3) Subsection (2) does not prohibit a person from using a wireless communication
50 device while operating a moving motor vehicle:
51 (a) during an emergency;
52 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
53 (c) when reporting criminal activity or requesting assistance relating to criminal
54 activity;
55 (d) when used by law enforcement officers or emergency service personnel in their
56 official capacity; or

57 (e) when providing roadside or medical assistance.
58 (4) A person who violates this section is guilty of a class C misdemeanor.
59 (5) Enforcement of this section by a state or local law enforcement officer shall be only
60 as a secondary action when the vehicle has been detained for a suspected violation by any
61 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.