H.B. 103

1

WIRELESS TELEPHONE USE RESTRICTIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lee B. Perry
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to a person
10 younger than 18 years of age using a wireless telephone while operating a motor
11 vehicle.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person younger than 18 years of age from using a wireless telephone to
15 communicate with another person 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 of the wireless telephone prohibition is not a reportable
19 violation; and
20 . prohibits the Driver License Division from assessing points against a person's
21 driving record for being convicted of violating the wireless telephone prohibition.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

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




Legislative Review Note
as of 1-30-13 2:22 PM

Office of Legislative Research and General Counsel

[Bill Documents]