First Substitute H.B. 248

Representative Carol Spackman Moss proposes the following substitute bill:

1 REGULATING THE USE OF A WIRELESS
2 COMMUNICATION DEVICE WHILE
3 OPERATING A MOTOR VEHICLE
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Carol Spackman Moss
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Motor Vehicles Code by amending provisions relating to using a
12 handheld wireless communication device while operating a moving motor vehicle.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions;
16 . prohibits a person from using a handheld wireless communication device while
17 operating a moving motor vehicle unless the wireless communication device is
18 designed and configured to allow for hands-free talking and listening and is used in
19 that manner;
20 . provides exceptions to the handheld wireless communication device prohibition;
21 . provides that it is an infraction for violating the handheld wireless communication
22 device prohibition;
23 . provides that a violation of the handheld wireless communication device prohibition
24 is not a reportable violation and points may not be assessed against a person for the
25 violation;

26 . provides that enforcement of a violation of this section shall only be as a secondary
27 action when the vehicle has been detained for a suspected violation of certain
28 offenses; and
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 ENACTS:
36 41-6a-1716, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 41-6a-1716 is enacted to read:
40 41-6a-1716. Prohibition on using a wireless communication device while operating
41 a motor vehicle -- Exceptions -- Penalty.
42 (1) As used in this section:
43 (a) (i) "Handheld wireless communication device" means a handheld device used for
44 the transfer of information without the use of electrical conductors or wires.
45 (ii) "Handheld wireless communication device" includes a:
46 (A) wireless telephone;
47 (B) personal digital assistant;
48 (C) pager; or
49 (D) text messaging device.
50 (b) "Text messaging" has the same meaning as defined in Section 76-4-401 .
51 (2) (a) Except as provided in Subsection (3), a person may not use a handheld wireless
52 communication device while operating a moving motor vehicle upon a highway of this state
53 unless the wireless communication device:
54 (i) is specifically designed and configured to allow hands-free listening and talking;
55 and
56 (ii) is used in the manner described in Subsection (2)(a)(i).

57 (b) The use of a handheld wireless communication device under this Subsection (2)
58 includes the use of a handheld wireless communication device for text messaging or electronic
59 mail communication.
60 (3) Subsection (2) does not prohibit a person from using a handheld wireless
61 communication device while operating a moving motor vehicle:
62 (a) during an emergency;
63 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
64 (c) when reporting criminal activity or requesting assistance relating to a criminal
65 activity;
66 (d) when providing medical or roadside assistance; or
67 (e) when used by a law enforcement officer or emergency service personnel acting
68 within the course and scope of their employment.
69 (4) (a) A person who violates this section is guilty of an infraction.
70 (b) A violation of this section is not a reportable violation as defined under Section
71 53-3-102 , and points may not be assessed against a person for the violation.
72 (5) Enforcement of this section by a state or local law enforcement officer shall be only
73 as a secondary action when the vehicle has been detained for a suspected violation by any
74 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.