S.B. 128

1

WIRELESS TELEPHONE USE RESTRICTION FOR MINORS
2 IN VEHICLES
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 House Sponsor: Lee B. Perry
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to a
11 person 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;
19 . provides that a violation of the wireless telephone prohibition is not a reportable
20 violation; and
21 . prohibits the Driver License Division from assessing points against a person's
22 driving record for being convicted of violating the wireless telephone prohibition.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 41-8-4, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-8-4 is enacted to read:
33 41-8-4. Operation of a vehicle by a person under 18 -- Use of wireless telephones
34 prohibited -- Exceptions -- Penalty.
35 (1) Except as provided in Subsection (2), a person younger than 18 years of age,
36 whether a resident or nonresident of this state, may not use a wireless telephone while
37 operating a motor vehicle upon a highway of this state.
38 (2) It is an affirmative defense to a violation of this section that a person younger than
39 18 years of age was using a wireless telephone while operating a motor vehicle:
40 (a) during a medical emergency;
41 (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
42 (c) when reporting a criminal activity or requesting assistance relating to a criminal
43 activity; or
44 (d) when communicating with a parent or legal guardian.
45 (3) A person who violates this section is guilty of an infraction and shall be fined a
46 maximum of $50.
47 (4) (a) A violation of this section is not a reportable violation.
48 (b) The Driver License Division may not assess points under Section 53-3-221 against
49 the driving record of the person who violates this section.




Legislative Review Note
as of 1-9-12 3:49 PM

Office of Legislative Research and General Counsel