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8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code by amending provisions relating to the prohibition
11 on using a handheld wireless communication device while operating a moving motor
12 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 in a reduced speed school zone unless the person
18 is using hands-free technology; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 41-6a-1716, as last amended by Laws of Utah 2014, Chapter 416
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1716 is amended to read:
30 41-6a-1716. Prohibition on using a handheld wireless communication device
31 while operating a moving motor vehicle -- Exceptions -- Penalties.
32 (1) As used in this section:
33 (a) (i) "Handheld wireless communication device" means a handheld device used for
34 the transfer of information without the use of electrical conductors or wires.
35 [
36 [
37 [
38 [
39 [
40 from the vehicle and is used to write, send, or read text or data through manual input.
41 (b) "Hands-free technology" means technology that allows the use of a handheld
42 wireless communication device without manual manipulation, including technology that is
43 physically or electronically integrated into the motor vehicle.
44 (2) Except as provided in [
45 handheld wireless communication device while operating a moving motor vehicle on a
46 highway in this state to manually:
47 (a) write, send, or read a written communication, including:
48 (i) a text message;
49 (ii) an instant message; or
50 (iii) electronic mail;
51 (b) dial a phone number;
52 (c) access the Internet;
53 (d) view or record video; or
54 (e) enter data into a handheld wireless communication device.
55 (3) Subsection (2) does not prohibit a person from using a handheld wireless
56 communication device while operating a moving motor vehicle:
57 (a) when using a handheld communication device for voice communication;
58 (b) to view a global positioning or navigation device or a global positioning or
59 navigation application;
60 (c) during a medical emergency;
61 (d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
62 (e) when reporting criminal activity or requesting assistance relating to a criminal
63 activity;
64 (f) when used by a law enforcement officer or emergency service personnel acting
65 within the course and scope of the law enforcement officer's or emergency service personnel's
66 employment; or
67 (g) to operate[
68 [
69 (4) Notwithstanding Subsections (2) and (3), a person may not use a handheld wireless
70 communication device while operating a moving motor vehicle in a reduced speed school zone
71 as defined in Section 41-6a-303 unless the person is using hands-free technology.
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73 (a) class C misdemeanor with a maximum fine of $100; or
74 (b) class B misdemeanor if the person:
75 (i) has also inflicted serious bodily injury upon another as a proximate result of using a
76 handheld wireless communication device in violation of this section while operating a moving
77 motor vehicle on a highway in this state; or
78 (ii) has a prior conviction under this section, that is within three years of:
79 (A) the current conviction under this section; or
80 (B) the commission of the offense upon which the current conviction is based.
Legislative Review Note
Office of Legislative Research and General Counsel