S.B. 45

Text Box
- 1 -

Senate Committee Amendments 2-7-2011 rd/sch 1

WIRELESS TELEPHONE USE RESTRICTION FOR MINORS
2 IN VEHICLES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 House Sponsor: Wayne A. Harper
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to a person
11 younger than 18 years of age using a wireless telephone while operating a motor
12 vehicle.
13 Highlighted Provisions:
14 This bill:
15 . prohibits a person younger than 18 years of age from using a wireless telephone
16 while operating a motor vehicle;
17 . provides affirmative defenses to the wireless telephone prohibition;
18 . specifies a penalty for violating the wireless telephone prohibition; S. [ and ]
18a . provides that a violation of the wireless telephone prohibition is not a reportable
18b violation; and
19 . .S 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 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 41-8-4, Utah Code Annotated 1953

Text Box
- 2 -

Senate Committee Amendments 2-7-2011 rd/sch 28

29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-8-4 is enacted to read:
31 41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
32 prohibited -- Exceptions -- Penalty.
33 (1) Except as provided in Subsection (2), a person younger than 18 years of age,
34 whether a resident or nonresident of this state, may not use a wireless telephone while
35 operating a motor vehicle upon a highway of this state.
36 (2) It is an affirmative defense to a violation of this section that a person younger than
37 18 years of age was using a wireless telephone while operating a motor vehicle:
38 (a) during a medical emergency;
39 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
40 (c) when reporting a criminal activity or requesting assistance relating to a criminal
41 activity; or
42 (d) when communicating with a parent or legal guardian.
43 (3) A person who violates this section is guilty of an infraction and shall be fined a
44 maximum of $50.
45 (4) S. [ Upon receiving a record of conviction under this section, ] A violation of this section
45a is not a reportable violation and .S the Driver License
46 Division may not assess points against the driving record of the person who violates this
47 section under Section 53-3-221 .

Legislative Review Note
as of 1-25-11 12:37 PM

Office of Legislative Research and General Counsel