First Substitute S.B. 113

Representative Phil Riesen proposes the following substitute bill:

1 WIRELESS TELEPHONE USE RESTRICTION
2 FOR MINORS IN VEHICLES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 House Sponsor: Phil Riesen
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to driving
11 by a person younger than 18 years of age.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person younger than 18 years of age from using a wireless telephone
15 while operating a motor vehicle;
16 . provides affirmative defenses to the wireless telephone prohibition;
17 . specifies a penalty for violating the wireless telephone prohibition;
18 . provides that a violation is a reportable violation;
19 . prohibits the Driver License Division from assessing points against a person's
20 driving record for being convicted of violating the wireless telephone prohibition;
21 and
22 . provides that enforcement for a violation of the prohibition on using a wireless
23 telephone while operating a motor vehicle shall only be as a secondary action when
24 the vehicle has been detained for a suspected violation of certain offenses.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 41-8-4, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 41-8-4 is enacted to read:
35 41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
36 prohibited -- Exceptions -- Penalty.
37 (1) Except as provided in Subsection (2), a person younger than 18 years of age,
38 whether a resident or nonresident of this state, may not use a wireless telephone while
39 operating a motor vehicle upon a highway of this state.
40 (2) It is an affirmative defense to a violation of this section that a person younger than
41 18 years of age was using a wireless telephone while operating a motor vehicle:
42 (a) during a medical emergency;
43 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
44 (c) when reporting a criminal activity or requesting assistance relating to a criminal
45 activity; or
46 (d) when communicating with a parent or legal guardian.
47 (3) A person who violates this section is guilty of a class C misdemeanor.
48 (4) (a) A violation of this section is a reportable violation as defined under Section
49 53-3-102 .
50 (b) Upon receiving a record of conviction under this section, the Driver License
51 Division may not assess points against the driving record of the person who violates this
52 section under Section 53-3-221 .
53 (5) Enforcement of this section by a state or local law enforcement officer shall be only
54 as a secondary action when the vehicle has been detained for a suspected violation by any
55 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.